How could my trademark be denied for confusion but let two other very similar marks be registered?
By Yahoo User • Category: Trademarks RegistrationI was denied registration of a trademark because they said it would be confused with another trademark…? I was attempting to register the name of my business here in the U.S. but had it denied because there is another company that already has their name registered that is similar to mine except for a word in the name however before I officially named my company, I did some research and saw there were two companies that had the same name except for one word but were both registered.How can my mark be denied because it could be confused with another but then look up another name and find two marks that are in the same situation but still be registered?Can I use this as an argument to appeal the refusal. “You registered them, how is my situation different” type of thing.
You can try to appeal it but the point of registering a trademark is so that no one else can operate under the same name or symbol.
Without knowing the details of your situation, it’s going to be impossible to point you in the right direction. I’d suggest contacting a private trademark search company or a trademark attorney.The general rules to keep in mind are:1) Are the names similar in Sound, Appearance or Meaning?2) Are the industries the same or similar to one another?3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?4) Do the trade areas cross? What about the advertising routes — are the products/services advertised in common places?Here’s what the USPTO has to say about this matter:”The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:the similarity of the marks; and the commercial relationship between the goods and/or services listed in the application. To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related.”Hope that helps! I wish you much success & happiness in all your ventures!