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[Dezinr]

Hello Everyone,

The name I picked out for my clothing line appears to be trademarked spelled in a different way.  The name means the same thing as the name I picked out.  I really hate to part with this name if I can help it and I would like some advice.  What can I do to keep this name???  

The name that is trademarked has a letter dropped off the end as a slang version of the name.  If I spell it my way (the correct way) can I still use it???  Thanks!!!    

[wallflower]

You asked this same exact question at least one other time.  And, if I remember correctly, the question was answered.  Maybe you're looking for an answer no one is willing to give you.

[Dezinr]

No this is a completely different question all together.  Go back and read my other question and you will see what I mean.  This question is in regards to a product trademarked under the same class and same product "Clothing", but is spelled different.  This name means the same thing.  Where as the other question was the same name, same class, but different product "Ladies Shoes".  I hope I cleared things up!  

Can anyone give me advice???  Thanks!  

[Isaac]

If the marks are confusingly similar, then the junior's usage will infringe.   Depending on what the advertising channels are, similarity may include being phonetically similar.

While I cannot give a definitive answer, nothing I've said ought to encourage you that you have a workable mark.

[JSonnabend]

First of all, please ignore Wallflower.  His/her sole contribution to these forums seems to be telling people to shut up.

As for the substance of your question, I'll go a bit further than Isaac did.  The phonetics of a mark (i.e., the way it sounds) practically subsumes the spelling of a mark.  Indeed, marks are coded in the PTO's database not merely on how they look (i.e., how they are spelled), but on how they sound.  Thus, two marks that sound the same are the same, really, even if they look/are spelled differently.

As for the meanings of words, that's a bit less bright line.  Consider two moving companies: "Pinnacle Movers" and "Apex Movers".  Confusingly similar?  I don't think so, despite the synonymous names.

- Jeff

[Dezinr]

OK, if I'm understanding things correctly then if I change up the name things should be fine.  For example, say the name is:  Candy Clothing (Already used, just an example) and I decide to spell it:  Candi Apparel...will this work or is it too close to the original?

Thanks!!!  

[Isaac]

OK, if I'm understanding things correctly then if I change up the name things should be fine.  For example, say the name is:  Candy Clothing (Already used, just an example) and I decide to spell it:  Candi Apparel...will this work or is it too close to the original?

Thanks!!!  

I'm not sure what anybody said that would lead you to draw this conclusion.   My personal, unresearched guess is that the example marks are confusingly similar.  But the question of similar marks is so fact specific that even a researched answer to your hypothetical question would be useless to answer a question concerning the real marks.

You are not going to be able to get an answer about whether a mark is okay to use in this forum.   You're most likely going to have to pay for advice of that kind if you expect the advice to be usable.