Asked in Trademark

Q: Does the similarity between “Lendmi” and “Lenme” pose a significant likelihood of consumer confusion?

I am currently exploring the launch of a peer-to-peer lending platform named Lendmi. During my research, I discovered that a platform called Lenme, operating in the same P2P lending space, is registered as a trademark in the United States.

Given the similarities in pronunciation and the overlap in services, I am concerned about the potential risk of infringing on Lenme’s trademark.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: The similarity between "Lendmi" and "Lenme" could indeed create a considerable risk of consumer confusion, particularly given that both operate in the peer-to-peer lending market. The shared first syllable "Lend" combined with similar-sounding short endings might lead consumers to mistake one service for the other or assume they're connected.

In trademark law, this situation raises concerns under the "likelihood of confusion" doctrine, where similar marks in related business areas face heightened scrutiny. The fact that both platforms offer lending services strengthens the case for potential confusion, as consumers encountering either name might reasonably believe they're dealing with the same company or related entities.

You might want to consider developing an alternative name that creates more distance from the existing trademark. While changing direction might feel challenging at this stage, it could help you avoid costly legal disputes and build a stronger, more distinctive brand identity in the long run. Given these factors, consulting with a trademark attorney before proceeding would be a prudent step to evaluate your specific risks and options.

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