Q: Can someone trademark a phrase that is within my longer trademark?
Is "Wild Daisy Graphics" (my hopeful business name) a different trademark than "Wild Daisy"? I'm afraid that even if I get Wild Daisy Graphics trademarked, then someone can come along and trademark "Wild Daisy" and then claim infringement on me.
A: Whether two trademarks are different or confusingly similar depends on many factors including the similarity/relatedness of the class/categories for the products and/or services represented by the trademarks; whether there is a likelihood of confusion, etc. The USPTO will likely issue a refusal of an application for registration of a mark that utilizes the dominant words of a registered trademark in the same or a related class/category(s). Consult with a trademark attorney for more information specific to your chosen mark and to assist you with the process.
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A:
There is not a simple a yes or no answer to that question. As the previous answer mentioned, there are a variety of factors that determine whether a mark is infringing or not. An important one to consider is the type of goods and services being sold in connection with the mark.
I would highly recommend consulting a trademark attorney for a full trademark consultation. An attorney can explain your trademark options and help protect your brand. You can contact a trademark attorney licensed in any state, not just the state you are located in.
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