Asked in Trademark

Q: Is it okay to use "Etched" as a brand name?

We are looking to start a brand called "Etched", however, we noticed that Etched was already trademarked. We would be selling stationery supplies (journals, notebooks, sketchbooks, etc.). It appears the trademark is for clothing items, but we wanted to make sure it was okay before jumping into it.

Please let us know! Thanks in advance,

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta

A: Depends on how it is used.

You should consult with an attorney.

Ali Makoui
Ali Makoui
  • Trademarks Lawyer
  • Encino, CA

A: Trademarks are used to identify the source of goods and services and may be rejected if they cause consumer confusion as to the source of those goods and services. Your trademark application may be rejected if it is confusingly similar to an existing mark for similar goods and services. Your mark does not need to be exactly spelled as the other mark in order to be rejected. For example, your mark may be misspelled but sound the same, a portion of the two marks may be the same, logos or drawings in the two marks may be confusingly similar, one mark may be translation of another mark, one mark may be a synonym of the other mark, etc.

Stationery supplies are typically in class 16. If you search in class 16 (or better in classes that are coordinated classes of class 16, which may include, for example, an online store that sells stationery supplies), then you will find for example, a registered mark for "ETCH" for paper goods, etc., another registered sign for "ETCHED BEAUTIES" for calendars, posters, etc., and many other marks that may or may not be similar to yours. As an example, go to the free form search:

and try the following search criteria: (etch or etched)[ti,bi] and 016[cc]

The suggested search is, however, by no means inclusive. For example, how about marks with the words "Etch'd," "Etching", or other similarly sounding or similarly meaning words.

This post is for public information and is not intended as legal advice. Nor does this post establish an attorney-client relationship. Please consult with your attorney before filing a trademark application.

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