Trademark Infringement

Hello. I would like to use the name "Flatsy" for a women's belt I am making and plan to market. I did an online trademark search and found that it's already registered by a company and the product is a toy doll. Am I able to use the name without infringing since my product is one of an entirely different industry? If that's still considered infringement, may I change the spelling to "pflatsy" or "phlatsy" without infringing even tho they are pronounced the same?

(For what it's worth, I googled and found this on Wikipedia: Flatsy Dolls are flat dolls that were made by Ideal Toy Company from 1969 through 1973. At the time little girls collected them and now they are collectors items.)

I suspect you're probably OK. You are right that you aren't in an overlapping market and there's not likely to be confusion (as long as you don't put dolls on your belt). The WIKIPEDIA article (as typical) is out of date. While ideal is out of the business. Schylling, a company that specializes in reviving vintage toy lines seems to own the brand now.

I would suspect that "Flatsy" being close to a descriptive term is a bit weak of a mark anyhow.

FlyingRon said:

I suspect you're probably OK. You are right that you aren't in an overlapping market and there's not likely to be confusion (as long as you don't put dolls on your belt). The WIKIPEDIA article (as typical) is out of date. While ideal is out of the business. Schylling, a company that specializes in reviving vintage toy lines seems to own the brand now.

I would suspect that "Flatsy" being close to a descriptive term is a bit weak of a mark anyhow.

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Thank you for your help.