Is my trademark similar to another?

Figuring out whether or not your trademark is similar to another is not as easy as one might think, but it is very important to consider before attempting to gain registration. Taking your trademark and looking at it side-by-side with another will not answer this question because more than just appearance is taken into account. Sound and meaning are also very important aspects. In addition, it is important to remember that trademarks will be judged as a whole and not by their individual components. Other things to take into account are the market place your product will be sold in and whether or not your goods are similar to those of the other trademark. When judging marks for similarity remember that those purchasing your products will not have perfect memory of the trademarks and thus more prone to be confused than you. Certain similarities may be acceptable such as if the mark is overall weak or the similarities have to do with generic portions which have been disclaimed. In certain cases, packaging or some other form of distinct presentation may make a difference, but not always.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.