Do you think I could get away with using this as a trademark?

[breakaway]

It's like a play on words of a common idiom, but someone else has also thought of this common phrase, although they use a completely different meaning word, although it rhymes.

Sorry I can't use the specific example...atleast not until I get it so I'll use a hypothetical example (using the idiom "Back to Square One"):
I come up with: Back to Square Fun
They came up with: Back to Square Gun

My company would be about Funny Stories, their company would be about Guns.

 

[quincy]

It should be all right, as long as your trademarked phrase is not used on competing goods or services (where the sale of your item will affect the sale of the other's) and your phrase does not cause consumer confusion with the other trademarked phrase, and as long as your trademarked phrase does not "dilute" the strength of the other's mark.

If you know that another company has trademarked a similar phrase, however, to identify their product or service, you might want to come up with a clever or unique phrase of your own, to have your trademark as distinctive and unique as your product or service will be.

And before you invest too much time and energy (and definitely money) in an idea like this, you should sit down with an IP lawyer, as a lawyer that specializes in trademarks can help you avoid any legal pitfalls, and help you minimize the risk of lawsuits.

 

[davezan]

your phrase does not cause consumer confusion with the other trademarked phrase

That's where it all boils down to, especially if you happen to be dealing with a unique and
famous trademark.