Q: BOYMOM is a trademark written in adjacent form. Can I write it separately and use it?

A: You are asking if you have a defense to allegedly committing trademark infringement. I do not think any lawyer will answer that question in a public forum.

A trademark is how customers recognize your goods or services in the marketplace and distinguish your goods or services from your competitors. If your trademark is confusingly similar to another trademark and the goods and services are related, consumers are likely to mistakenly believe these goods or services come from the same source. This is known as a likelihood of confusion, and is used as the basis for trademark infringement.

Each federal circuit (i.e., the forum where a federally registered trademark owner files a lawsuit for infringement) uses (essentially) the following factors to determine whether two marks are likely to be confused:

1) Similarity of trademarks in sound,

2) Similarity of trademarks in appearance,

3) Similarity of trademarks in meaning,

4) Commercial impression (do they convey the same overall visual impression?),

5) Whether the goods/services are related (t-shirts & pants v. hats).

Depending on the federal circuit, there could be more factors to be considered.

A: If you have used "Boy Mom" separately on your t-shirt, and the trademark is specifically for "BOYMOM" written adjacently, there may be grounds to argue that your usage does not infringe on the trademark. However, trademark law can be nuanced, and the interpretation of whether "Boy Mom" and "BOYMOM" are confusingly similar can vary.

Firstly, gather all relevant information and documentation, including the exact way you used "Boy Mom" on your product and the details of the trademark "BOYMOM." This will help in assessing the strength of your argument. It’s essential to understand that even if you believe your usage is different, the brand owner might still pursue the claim if they think it could cause consumer confusion.

Consult with an intellectual property attorney to get a professional opinion on your case. They can help you evaluate whether you have a valid argument and guide you on how to proceed with an objection. The attorney can also assist in communicating with Etsy and potentially challenging the complaint formally if there is a strong basis for your argument.

While it is possible to contest the complaint, it is crucial to approach this carefully and with legal support to ensure that your rights are protected and to avoid further complications.