In short, the answer is
yes; however, a seasoned trademark attorney would be the best person to ask
regarding your particular situation. That being said, the United States Patent
and Trademark Office (USPTO) routinely rejects trademark registrations based on
the “likelihood of confusion” that consumers would face between a prospective
trademark and one that is already on file with the USPTO. According to the
USPTO, “likelihood of confusion exists between trademarks when the marks are so
similar and the goods and/or services for which they are used are so related
that consumers would mistakenly believe they come from the same source. Each
application is decided on its own facts, and no strict mechanical test exists
for determining likelihood of confusion.” Some things to consider regarding
“likelihood of confusion”:
Aside from being
rejected for having a similar textual composition to an already-existing
trademark, a new registration may fail for also sounding alike, looking similar
or creating “the same commercial impression in the consuming public’s mind”
The USPTO looks at
whether a likelihood of confusion would exist as to the source of the goods
and/or services rather than whether the actual goods and/or services are likely
to be confused
The USPTO cannot
perform pre-application searches or provide advisory opinions regarding
registrations (hence the importance of an attorney - see below)
Businesses often seek
the assistance of a lawyer to make sure their application gets accepted (which
can be a time consuming process) and to avoid any future potential legal
liability. For competitive rates on registering your trademark with the help of
experienced trademark lawyers.
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