Help :: TM similarity

[mlowery]

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

I am creating a clothing line/brand . I have a logo, designs etc. In my search to trademark the name of the brand , i see that it is already Tm by the same person under entertainment as well as clothing. Through my research i see that it is a band and i assume that the clothing TM is for their merchandise.

Question is , If i add "Clothing Co." to the name of the brand (example. 'Air Wave" to "Air Wave Clothing Co.") will it be able to be trademarked.

 

[justalayman]

a simple question:


if you were presented with two shirts that looked identical where one said:

tm owned by Air Wave


the other states

tm owned by Air Wave Clothing Co.



do you believe there would be confusion as to that representing the same company?

 

[mlowery]

if they looked similar yes its def possible... i wouldnt consider it if it wasnt for the fact that the tm owner is for a rockgroup and their product is merch of them, their faces etc .. and what im trying to do consists of a streetwear brand

its happened in fashion b4 .. such as polo or polo ralph lauren , and u.s polo association .. their logo is damn near identical .. they make almost the same exact clothing .. and its happened a few other times as well.

it may be confusing if the work is similar( which it will not be) but will it make it through the Trademarking application?

 

[justalayman]

if they looked similar yes its def possible... i wouldnt consider it if it wasnt for the fact that the tm owner is for a rockgroup and their product is merch of them, their faces etc .. and what im trying to do consists of a streetwear brand

its happened in fashion b4 .. such as polo or polo ralph lauren , and u.s polo association .. their logo is damn near identical .. they make almost the same exact clothing .. and its happened a few other times as well.

it may be confusing if the work is similar( which it will not be) but will it make it through the Trademarking application?

What are you even talking about? You said:

In my search to trademark the name of the brand , i see that it is already Tm

Your shirts and logo are not relavant in that question. You asked about the brand and it being used as a TM in the clothing sector so, again:

the question is: would you confuse XXXXXX with XXXXXX clothing company.

since they are both being used for clothing, if there is confusion, there is a problem.


as to the situations you posted: everybody you listed has a lot of money to defend a suit if sued by the other party claiming infringement. Do you?


If you want to address logo's, that is another issue.

and to show what can happen, look up North Face and South Butt to see just how touchy some people can be with their logo.

 

[mlowery]

Agreed thank you

What are you even talking about? You said:



Your shirts and logo are not relavant in that question. You asked about the brand and it being used as a TM in the clothing sector so, again:


since they are both being used for clothing, if there is confusion, there is a problem.


as to the situations you posted: everybody you listed has a lot of money to defend a suit if sued by the other party claiming infringement. Do you?


If you want to address logo's, that is another issue.

and to show what can happen, look up North Face and South Butt to see just how touchy some people can be with their logo.