Q: There's a company called "xtrafun kid products", if I create a company called "extrafun" am I infringing ?
Actually, there's a trademark on "xtrafun kid products". So if I create a company called extrafun, is this bad?
how close does it have to be ? Will people be confused by the spelling differences, and is that sufficient ? Both companies are in the same product space
A:
Yes, it is very likely that the name you want to use, for the same products, would be considered confusingly similar, and thus unregisterable and infringing on the existing trademark.
Safest for you to choose another name ASAP - from what you say, any money you spend on marketing this name would be wasted.
If you really like the name, consult with your own attorney - there could be some facts and circumstances that you haven't realized are important, and which could change the recommendation.
Marcos Garciaacosta and Allison Higgins agree with this answer
A: It depends. Since you are in the same class, there could be confusion. However, the names are different. I would consult with a trademark attorney to make sure and possibly brainstorm a new name just in case.
Marcos Garciaacosta agrees with this answer
A: I agree with Kathryn. If both companies sell the same products, there is a very very slim chance that your business name would be allowed to register.
Marcos Garciaacosta agrees with this answer
A: There is consensus you should look for an alternative brand and consult and attorney.
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