Is this too similiar of a brand name

[Hereandthere]

In the process of finalizing my business project and just found a company in the same class as me with a somewhat similar name. A close example of the two business names are:

Silver Bug
Silvered Wares (mine)

The class is 32 for a beer company. Would there be any grounds for ceist and desist or trademark infringement? Our branding and look are completely different.

 

[Just Blue]

In the process of finalizing my business project and just found a company in the same class as me with a somewhat similar name. A close example of the two business names are:

Silver Bug
Silvered Wares (mine)

The class is 32 for a beer company. Would there be any grounds for ceist and desist or trademark infringement? Our branding and look are completely different.

What state?

 

[Hereandthere]

What state?

What state?

So this is for a ecomm bottled product that will be available nationwide my business is based in California and the other company is available nationwide and based in Texas.

 

[quincy]

In the process of finalizing my business project and just found a company in the same class as me with a somewhat similar name. A close example of the two business names are:

Silver Bug
Silvered Wares (mine)

The class is 32 for a beer company. Would there be any grounds for ceist and desist or trademark infringement? Our branding and look are completely different.

Trademark law centers on consumer confusion. I offhand am not seeing that confusion would arise with the examples you are using. But the specifics matter.

You can have a trademark attorney in your area research the facts and offer an opinion.

 

[quincy]

Here are links to the USPTO's Trademark Manual of Examining Procedure (TMEP) which shows you what factors are considered by the Trademark Office when determining if there is a conflict between marks:
https://www.uspto.gov/trademark/guides-and-manuals/tmep-archives
https://tmep.uspto.gov/RDMS/TMEP/current

 

[FlyingRon]

Note that company names aren't necessarily trademarks, Some company names aren't ever going to be strong marks (Boston Beer Company aka Sam Adams tried without success). As time goes on, I think BBC is more into these lawsuits to generate publicity. They're latest fun is trying to assert trademark rights on Brexit.

 

[adjusterjack]

Silver Bug
Silvered Wares (mine)

Sure, we can say those are sufficiently unrelated but that doesn't do squat for you.

You need to have the real names examined properly if you aren't willing to name them here.

 

[quincy]

Note that company names aren't necessarily trademarks, Some company names aren't ever going to be strong marks (Boston Beer Company aka Sam Adams tried without success). As time goes on, I think BBC is more into these lawsuits to generate publicity. They're latest fun is trying to assert trademark rights on Brexit.

There is a lot of silliness that goes on with trademarks and the claiming by some of rights in words and phrases. This silliness, however, helps keep food on the tables of trademark attorneys.

 

[ALawyer]

I strongly doubt that there would be confusion -- especially if the products were in different lines of business. But file for your own trademark and get real protection.

 

[quincy]

I strongly doubt that there would be confusion -- especially if the products were in different lines of business. But file for your own trademark and get real protection.

With the examples given, it seems unlikely that there would be a conflict between the two names. However, the “Silver Bug” and “Silvered Wares” names were Hereandthere’s examples only.

If you replace the “silver” that is used in both names with a famous name, you can see how that can change the assessment.

The names are trademarks in the same class of goods/services, too, so similarity can become more of an issue.

“Silver” also would be a unique identifier for a brand of beer and could therefore have greater trademark protection than another word might have. It is an “arbitrary” mark and arbitrary marks are considered strong marks.

The real name Hereandthere is considering, in other words, could indeed infringe on the rights of the other trademark holder. The specific names matter. That is why it would be smart for Hereandthere to have a trademark law professional personally review the real names involved.

Trademark rights, by the way, are gained by the use of the trademark in commerce. In the US, it will be the first user of a mark who is the presumed owner of the mark. Trademark registration is not required.