Q: Hello, I want to trademark Keep it Kind Clothing. Is it available?
There is this filed.
KEEP IT KIND
Filed: September 6, 2019
Clothing, namely, shirts and hats
Serial Number: 88979131
No you can't.
Too close and will create confusion.
Consult with an attorney.
I disagree with my colleague. It depends on how you intend to use the mark in question. Trademark infringement depends on a range of factors including the following:
(1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7) defendant's intent in selecting the mark, and (8) likelihood of expansion of the product lines.
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