Trademark LikelyHood of confusion

[Anon11230]

NYS
if I wanted to use the name snap at the end of my trademark and there is another company using touchsnap same industry is there a likelihood of rejection? Hypothetical don't want t this indexed on the net.

Thanks

 

[quincy]

NYS
if I wanted to use the name snap at the end of my trademark and there is another company using touchsnap same industry is there a likelihood of rejection? Hypothetical don't want t this indexed on the net.

Thanks

It can depend on what comes before the "snap" in the name.

By adding "snap" to the end of your trademark when there is already a trademark in the same industry using "snap" in their name, however, increases the chances that your name is found infringing.

What a court will look at, among other things, when judging likelihood of confusion is, first, the strength of the first user's mark. A trademark that has been in use a long time as an identifier for a product or service, or a famous mark that is recognized by the public, will have gained the distinction necessary to prevent others from using the same or a similar mark - even when the goods or services being marketed are not the same. I cannot open a Disney store, even if I am selling tools - the Disney name is too connected in consumer's minds with the Disney Company.

The greater the similarity between a second user's mark and the first user's mark, the more likely there is to be consumer confusion generated in the marketplace. The similarity of the products or goods being marketed is a consideration.

For example: You can have two Dove's, because one Dove is in the ice cream business and the other Dove markets soap. Consumers are unlikely to be, and have not been, confused by the dual use of the same name. However, if another ice cream business decides to market ice cream under the name Dove-snap, the likelihood of confusion increases and an infringement action is likely.

I recommend you pick a name that is unique to you alone - but you can have the particulars reviewed by an IP attorney in your area for a better determination.

Good luck.