Ecorse, MI asked in Trademark for Michigan

Q: Can I trademark a word as part of a business name, if the single word is already trademarked by a different company?

Example:

If I wanted to use the business name “The Fatherhood Project”

The word “Fatherhood” is already trademarked by another company.

Same target audience, different products.

Is this acceptable?

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: A trademark should not be used if it is confusingly similar to another existing trademark in use for the same or related class of good or services. Using the same dominant term as another similar trademark may be refused for registration due to likelihood of confusion and may also be deemed infringement. Consult with an attorney for guidance.

London Davenport
London Davenport
PREMIUM
Answered
  • Trademarks Lawyer
  • Raleigh, NC

A: Identical trademarks can be registered in different classes of goods or services i.e. COACH for handbags versus COACH for educational services. Two identical trademarks, however, cannot be registered in the same or a similar class due to likelihood of confusion. You should consult with a trademark attorney.

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