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[TomCastiglia]

I am interested in applying for a trademark registration on the name for a software product (call the name 'YYYZZZ').

There are one or two other software products that utilize the 'YYY' word, but none using 'YYY AND 'ZZZ' together.  Also, the other software products using 'YYY' are not a similar or competitive type of product.

There are also many other listings using the 'YYY' word but these are for other types of products altogether, not software.

Based on this, should I expect any conflict with our trademark registration application?

Tom Castiglia

[Isaac]

I am interested in applying for a trademark registration on the name for a software product (call the name 'YYYZZZ').

There are one or two other software products that utilize the 'YYY' word, but none using 'YYY AND 'ZZZ' together.  Also, the other software products using 'YYY' are not a similar or competitive type of product.

There are also many other listings using the 'YYY' word but these are for other types of products altogether, not software.

Based on this, should I expect any conflict with our trademark registration application?

Tom Castiglia

Unfortunately, when the facts are removed from a trademark question (and removing them is appropriate in a public forum) questions about whether marks are confusingly similar become impossible to answer.

[JSonnabend]

Isaac is correct.  I'll add the following.  To the extent that your mark "YYYZZZ" is likely to cause confusion with senior marks that include "YYY", you'll likely face a rejection.  That's not to say that you wouldn't be able to overcome the rejection, which you might.

Also, the analysis might be affected if "YYY" were a descriptive component.

- Jeff

[Tom Castiglia]

Thanks for the info...

In our case 'YYY' is not a description component... its just a "cool sounding word".  The 'ZZZ' is the description component.  I can see how that does not bode well.

However, there are about 20 other product names listed using 'YYY' either by itself or as 'YYYAAA', 'YYYBBB', 'CCCYYY', etc.   What we are doing seems no different.

Anyway, I realize that we need to get formal legal advise to answer this question, and I appreciate your input.

[JSonnabend]

Feel free to call me if you want to go over things in greater detail.  It's what I do.

- Jeff