Part of Name Trademarked?

[BryanK97]

What is the name of your state (only U.S. law)? New York

Because I can't seem to find this using the search.... Maybe you can help me.
Here's my sample scenario: (forget the rest that you know regardless of who owns what)

Lets say Im looking to trademark XYZApparel. However, in this circumstance "XYZ" is trademarked by another Apparel company.
Is it illegal to trademark a name that is already (partially) Trademarked by another company of similar class.

I apologize if this is a Noob Question, but I am a noob and new to everything trademark.

*I was recently attacked for trademark infringement, so you could say I am a little gunshy...

Thanks a lot for your assistance.

 

[ecmst12]

You won't be allowed to trademark a name that might be confused with another established trademark. Since it's the same industry, your name would definitely be an infringement.

 

[BryanK97]

You won't be allowed to trademark a name that might be confused with another established trademark. Since it's the same industry, your name would definitely be an infringement.

Yeah thats kinda where Im at currently (which is why I'm changing my name)

Maybe i should have used a more general example...


Lets say "AlphaFit"....
In this case "ALPHA" is reserved in every way thinkable. But "AlphaFit" is not...

Dose combining the word with another "general" word cause trademark infringement?

The word I am looking to utilize has been used before with many other classes, but when I combine it with a word of my own... to create a new word, is that problematic.


Thanks so much for your response.

 

[justalayman]

The word I am looking to utilize has been used before with many other classes, but when I combine it with a word of my own... to create a new word, is that problematic.

the basic means of determining whether it would be infringing would be; can your name and use be confused with their company? If so, then the use is likely infringing.


One big problem though is even if your use is allowed, if the other company has the money to sue you and is willing to do so, it could be very expensive to defend yourself. Some companies sue even if the use is not likely to be considered infringement merely to cause the company to fold, either in the use of the name or actually go out of business.

 

[quincy]

Yeah thats kinda where Im at currently (which is why I'm changing my name)

Maybe i should have used a more general example...


Lets say "AlphaFit"....
In this case "ALPHA" is reserved in every way thinkable. But "AlphaFit" is not...

Dose combining the word with another "general" word cause trademark infringement?

The word I am looking to utilize has been used before with many other classes, but when I combine it with a word of my own... to create a new word, is that problematic.


Thanks so much for your response.

Does combining the word "alpha" with another general word cause trademark infringement? Possibly.

If a company is already using a name with "alpha" and believes your combined word causes consumer confusion, or could cause consumer confusion, then you can have a problem, especially if you are marketing the same product or service.

Is there any reason why you can't pick two random words to use that have no connection to anyone else's trademark? There are a whole heck of a lot of words out there.

Combining two random words to identify your company can work to your advantage by setting it apart from all others. You do not want your company confused with anyone else's company - you want your product or service to stand out from all the rest. Inventing your own word (Ogden Nash was an expert at it), or using two unrelated words combined into one, can be easier to register as a trademark and less likely to attract a lawsuit.

 

[BryanK97]

the basic means of determining whether it would be infringing would be; can your name and use be confused with their company? If so, then the use is likely infringing.


One big problem though is even if your use is allowed, if the other company has the money to sue you and is willing to do so, it could be very expensive to defend yourself. Some companies sue even if the use is not likely to be considered infringement merely to cause the company to fold, either in the use of the name or actually go out of business.

Thanks - Exactly what I was looking for!

Greatly Appreciated.