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[kanudo]

Hello everyone;
                        We are trying to submit a trademark name and the logo for our company. We just checked onuspto.gov database to see if anyone else has the same name and we found 2 active listing with the same name that we are planing to use but different logo. So our question is can we have the same name if our logo is different? Also their goods and services are Indian sauces and Jam and our goods and services will be Flour and Indian spices. If not can we have the same name and we can put foods after the name ? For example if registered name is X can we use XFOODS?
We intend to use the name and logo on our packets of goods. Thank you very much in advance.

[MYK]

Are you sure they haven't registered the word(s) as a trademark as well?

I'd say the likelihood of confusion would be far too high (Indian spices vs. Indian sauces), so you probably couldn't do it without getting sued.  Although a trademark is associated with one or more categories, there's also a natural area of expansion to consider in the analysis.  Someone who is selling Indian sauces might well decide to start selling Indian spices too.

[kanudo]

Thanks a lot for your reply. In case of they have registered the word can we use different word that has the same meaning ?Also what if our logo is different then the existing one! Or can we change the way the word is spelled and still it pronounces the same way for example X and AXE. The name we are planing for our brand has two different spelling.