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[badluckkyle]

All names have been changed.

Hi all. I searched the trademark I want in TESS and it shows a very similar result to the one I'm wanting. Let's say the one I want is "A STATUS" and the one that is already trademarked is "A-STATUZ" with the hyphen and a "Z" instead of an "S". They are both for clothing.

Here's their Trademark info:

Goods and Services:   IC 025. US 022 039. G & S: Belts; Caps; Coats; Dress suits; Dresses; Hats; Headbands; Jackets; Pants; Shirts; Shorts; Skirts; Socks; Sweatshirts; T-shirts; Tennis shoes; Ties; Underwear; Wrist bands. FIRST USE: 20070115. FIRST USE IN COMMERCE: 20070115
Mark Drawing Code:   (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code:   26.11.26 - Oblongs as carriers for words, letters or designs
Filing Date:   January 19, 2011
Current Filing Basis:   1A
Original Filing Basis:   1A
Published for Opposition:    May 31, 2011
Registration Date:   August 16, 2011
Description of Mark:   Color is not claimed as a feature of the mark. The mark consists of a circular oval with the stylized text "A-statuz".
Type of Mark:   TRADEMARK
Register:   PRINCIPAL
Live/Dead Indicator:   LIVE

Our logo's look nothing alike, so if I were to submit my logo and Mark Drawing Code as (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS, would that be too close? Should I try Trademarking just the text, or do they have that locked up as well?
Also I have two website domains astatuswear.com and astatus.co, I've looked up their name and can;t seem to find it anywhere on google. I don;t haveanything on them, but have had one for a couple of years. Would that help at all?

Thank you!

[JSonnabend]

First of all, that's plenty of information you provided to find the pending application.  It took me all of sixty seconds.

Second, the standard for both infringement and registerability is likelihood of confusion.  Do you think the two marks and their goods are sufficiently similar to create a likelihood of confusion?  How about creating a soda called "pepz-ee" or "coke-a cola"?

Finally, you won't be "trademarking" anything.  The Trademark Office does not issue new trademarks, only registrations of existing trademarks.

- Jeff

[badluckkyle]

Thanks for the info Jeff. So, basically you're saying they're to close and if I did mine it would be thrown out? Also, where would you go to Trademark something new?

[JSonnabend]

I think, based on the very limited information you provided, that the marks are too close.  And remember, what conflicts in the Trademark Office probably infringes in the real world.

As for "trademarking" something, new marks are created through use.  Use something as a mark, and it is one.  That said, you can (and should, I believe) file an "intent to use" application in the Trademark Office when you find (and clear) a potential new mark.

- Jeff