Sisters, OR asked in Trademark for Oregon

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

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4 Lawyer Answers
Kathryn Perales
Kathryn Perales
Answered
  • Trademarks Lawyer
  • Oberlin, OH

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.

Allison Higgins and Marcos Garciaacosta agree with this answer

Nicole Schaefer
Nicole Schaefer
Answered
  • Trademarks Lawyer
  • Beaverton, OR
  • Licensed in Oregon

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

Allison Higgins
Allison Higgins
Answered
  • Trademarks Lawyer
  • Helotes, TX

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

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: There is consensus you should look for an alternative brand and consult and attorney.

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