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[jeffvdgo]

Hello,
I'm registering a trademark for a new business "Tailwind Nutrition" and would also like to protect the product name "Tailwind". Both appear on the product label, and both appear to be clear of confusion for the classification on their own. However, since they both have the same classification and are similar names, will they create confusion between themselves even though they have the same owner? Or would registering just the business name be sufficient to protect the subset product name?

thank you.

[JSonnabend]

Confusion is generally as to the source of the products.  If the source is the same, how can there be confusion?  Are you confused between "Chevy" and "Chevrolet" or "FedEx" and "Federal Express"?

- Jeff

[jeffvdgo]

Thank you - good point. I don't think customers will be confused. I'm just not sure how USPTO will look at it for trademark purposes. If the two terms were trademarked by different companies, I would think they would say they are too close.

[JSonnabend]

The point is, the PTO will not refuse one application over another application or registration owned or controlled by a common source.  You may need to tell the PTO about the common ownership, though.

- Jeff

[jeffvdgo]

Thank you! That's what I wanted to know.