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[Yvonne Dawson]

I did a search on the Trademark I want to apply for rights on. There is already a person that owns a very similar trademark. I was wondering if it's possible to still get a trademark on this. The trade mark already existing is a recording artis that has a a trademark to sell bumperstickers, etc; CD's DVD's, etc., and books about ecology. My business is not a recording artist, but a nonprofit organization that raises money through the sales of apparell, books, household items, possibly CD's, etc. My organization is an environmental organization. The other person's trademark is Earth Mama. The name that I've been using is Mama Earth. I also go by mamaearth.com, but my business is not exclusively online. Do you think this is not going to work out because of the same words but reversed?

[M. Arthur Auslander]

Dear Ms. Dawson,
It seems possible for it be registered but the complexity of the law with it's uncertainties suggests that it ought to be carefully examined professionally.
The filing fee alone suggest a caution to save money and legal danger.
That is why we have a Reality Check® to save time money and worry.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®

[JimIvey]

Just off the top of my head, your case can win but it's not an obvious winner.  It all comes down to marketplace confusion.  In other words, will customers think you and Mama Earth are affiliated?

It doesn't help that the other registrant and you both want to sell CDs  using your respective marks.  It also doesn't help that the marks are nearly identical with only words transposed.

However, it helps that the overall impression of "Earth Mama" is an earthy woman and the overall impression of "Mama Earth" is the planet itself with a suggestion of caring about the planet and its environment.  I think something can be made of that distinction, but I can't say it's an obvious winning argument.

There are a few other things to consider as well.  You might add a design to your word-mark to further distinguish Earth Mama.  You might also count up how many times people at mamaearth.com have been looking for Earth Mama merchandise (through archived e-mails and such).   Showing that there has been no actual confusion is helpful for showing no likelihood of confusion.

Unlike patents, filing a trademark application doesn't involve much expense (in either time or money).  However, you might be in for a fairly expensive battle during the registration process due to the closeness of the marks.

I hope that helps.

Regards.