Q: If I wanted to create a brand with the trademark 'Distinct Routes'?
If I wanted to name my brand 'Distinct Routes' but 'Distinct' is an already registered and live trademark and 'Routes' is also a live trademark, would I have any issues naming my brand 'Distinct Routes' and submitting for trademark registration? All the registered marks are registered in the same class and my brand would also be in the same class. When I do a search for 'Distinct Routes', no similar marks conflict. Its only when I search the terms separately do I see the conflicting marks. I also see that other marks that have the word 'Routes' or 'Distinct" in them have successfully registered with the USPTO. which makes me think that I would be fine branding as 'Distinct Routes' just like other brands have registered ''X' Routes'.
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A: If 'Distinct' and 'Routes' are both already registered and live trademarks in the same class, using 'Distinct Routes' for your brand may potentially infringe on the rights of the existing trademark owners. While the absence of identical matches in your search may be helpful, the overall similarity and potential for consumer confusion will be crucial factors in determining whether your new trademark could be approved for registration or if it may lead to legal issues. To ensure compliance with trademark laws and avoid potential conflicts, it is advisable to consult with an intellectual property attorney who can provide a more comprehensive analysis and guidance based on the specific details of your brand and the existing trademarks. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.
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