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Author Topic: How close can your company names be?  (Read 690 times)

Britt677

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How close can your company names be?
« on: 08-26-17 at 03:31 am »

I'm wanting to file a trademark for a company name I have yet to use. Just found out the name we have chose is quite similar to another companies trademarked name. How close can the two names be? We're both in the children's wear category.
Example: their name is Fred and Fred , while ours would be Fred and Freddie

Thanks!
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Tobmapsatonmi

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Re: How close can your company names be?
« Reply #1 on: 08-26-17 at 09:28 am »

Hi.  If you go back to the basic reason for permitting ownership rights in trademarks - because they identify for consumers the source of the goods - then you'll see the answer pretty quickly.

If I'm a consumer of kid's clothing and see children's clothing marked "Fred & Fred" and then start seeing clothing marked "Fred & Freddie", there's a strong likelihood I could be confused about the source.

I know your example was just a hypothetical, but if the real situation is about as close as they hypo, the owner of Fred and Fred would certainly be able to complain that your use of Fred and Freddie has a likelihood of causing confusion within the relevant consumer base.
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Marton

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Re: How close can your company names be?
« Reply #2 on: 11-28-17 at 06:19 pm »

I understand the confusion if, e.g., clothing trademark Fred and Fred and you use Freddie and Freddy for your clothing but I want to use a term, 'Old Catholic Church' that had been in use for decades and a confederation trademarked:  Serial Number: 86884494; Registration Number 5005388; Word Mark: OLD CATHOLIC CHURCH IN THE UNITED STATES. Can I use, e.g., St. Mary's Old Catholic Church or St. Mary's Old Catholic Church of North Carolina or St. Mary's Old Catholic Diocese or any other usage of the words, 'Old Catholic'or 'Old Catholic Church' as long as I do not say or refer specifically to Old Catholic Church in the United States or Old Catholic Church of the United States, etc? Please advise; thank you.
Ray
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