Q: Is it okay to register a trademark for "Montéclair" for Class 25.
Is "Montéclair" okay to register a trademark for when "Moncler" exists. I've asked around and the general reception is that it's okay since it's different in pronunciation and spelling but I wanted professional opinion.
A:
MONCLER is a registered trademark for apparel by MONCLER S.P.A. (Italy).
Variant spellings even if slightly different in pronunciation are considered by the trademark office to be likely to confuse, so would not be registerable for similar goods.
A:
Without running a comprehensive search, it is difficult to say for certain. With that said, there are definitely at least some similarities between Montéclair and Moncler. They both begin with MON and end with a similar sound CLAIR vs CLER.
When reviewing new trademark applications, the USPTO uses what is referred to as an overall commercial impression. That means that they are not necessarily looking at just exact matches. Some of the things they tend to look for are how the trademarks sound, how they look, what meanings the marks might have (including translations), and what other similar looking/sounding/etc. trademarks are already registered for similar goods.
Your best bet is to have a proper comprehensive clearance search run. I would recommend hiring a trademark attorney to help you with this as there can be nuances to any particular trademark search.
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