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[pinkispriti]

I am trying to file for trademark but going through this concern as do not wanna get stuck in limbo of denial of trademark application.

I am looking to trademark "pinkis" using standard characters, is this possible...considering I see in the USPTO databases that "pink is green" or "pink is new black" are already trademarked selling similar items?

[OMG IP]

Hello-

You are not looking to trademark "pinkis", you are looking to register the trademark "pinkis".  There are significant benefits that come with registration, and it is always a wise consideration.  Common law trademark rights are established by use.

The determination for registration is not based entirely on similar marks.  In fact, there are numerous registrations and/or marks for the EXACT same word: Monster(.com) and Monster (energy drinks); Continental (airlines) and Continental (tires).

The determination is based on a "confusion" standard.  The general rule of thumb is that if your mark 1) sounds the same, 2) appears the same, and 3) means the same, as another mark, you have a big uphill battle.  That said, there are another 5-20 factors that come into play.

Hope that helps!