Would a trademark used in the same product category be accepted if the two examples are:
Recently filed name: You're an idiot, most definitely
Name to be filed: Most Definitely
The above is just an example but very similar to what I am dealing with. My trademark would be the second example which no other version comes up exactly except for the one above it.
Any help would be greatly appreciated.
1 Answer from Attorneys
You really need to bite the bullet and hire a trademark attorney and provide him or her with full information about your mark and the competing mark to get a good answer on this (don't post more info here). Trademark law is all about preventing consumer confusion; in some markets your name might be considered confusing while in other markets it might not. Also, your trademark search should include much, much more than just the US Patent & Trademark Office's website; that lists only federally registered marks and marks that are in process of obtaining federal registration, and trademark comes in state registratered and unregistered flavors, too.
Feel free to contact my office for a phone consultation if you wish, or there are several good trademark lawyers in your part of the world; find them on www.martindale.com , www.findlaw.com , or www.lawyers.com.
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