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[local-vate]

If we are getting ready to launch a new line of footwear and have concluded with several of the names similar to a registered trademark; ‘xVxx’ is currently a registered mark in footwear.  If we launch a line named xNxx, xLxx or xBxx, would we be confusingly similar and infringing their trademark rights?  Would we be challenged by USPTO if we trying registering the mark?

Thanks for your input!
 

[JSonnabend]

Maybe.

No, really, the answer is maybe.  Search the forum for "likelihood of confusion" and you will find many, many threads discussing exactly the question you asked.  If you have questions after that, by all means, please post them back here.

- Jeff

[local-vate]

Thanks for the recommendation... Although I did not find a question exactly like mine... and the more I read, the more I was confused.  Am I fighting an uphill battle?  Would it be hove to look elsewhere to rebrand?
thanks for your insight!

[JSonnabend]

Long story short is, if there is a likelihood of confusion between your proposed mark and the pre-existing marks, then your use will infringe and registration will be refused.  The two principal factors in the likelihood of confusion analysis, among others, are the similarity of the marks and the similarity of the goods/services each covers.

- Jeff

[local-vate]

Jeff, thanks for your replies.  The product line is in the same classification and our mark is one letter apart in a four character word... it would appear and one could argued that it infringes the registered mark; even though I believe there are other factors that set us apart....
 
Thanks again!

[OMG IP]

Jeff, thanks for your replies.  The product line is in the same classification and our mark is one letter apart in a four character word... it would appear and one could argued that it infringes the registered mark; even though I believe there are other factors that set us apart....
 
Thanks again!

Jeff is exactly right.

That said, your battle is not necessarily lost.  You can still do other things to set your mark apart, such as add additional design/imagery, background, stylization, etc.  In essence, do anything that removes or limits the liklihood for confusion.

The same classification is not wholly relevant; it really does boil down to what the actual goods/services are (or how they're described).  The closer they are, teh more work you have to do to set your mark apart.  There's an inverse relationship there.