Similar names possible confusion examples.

[driverfy]

What is the name of your state (only U.S. law)? California
I'm trying to determine if trademarking Driverfy when an existing mark Drivefi already exists for similar GPS service. What arguments would I give the USPTO reviewing attorney or would this be a doomed registration. Are there examples anyone knows off hand that I could cite. (ex: RunnerBee vs Run-B) Thanks - Joe

 

[quincy]

What is the name of your state (only U.S. law)? California
I'm trying to determine if trademarking Driverfy when an existing mark Drivefi already exists for similar GPS service. What arguments would I give the USPTO reviewing attorney or would this be a doomed registration. Are there examples anyone knows off hand that I could cite. (ex: RunnerBee vs Run-B) Thanks - Joe

You would not be giving any arguments to the trademark examiner, although the trademark examiner may be contacting you with questions about your application.

Your application for registration of a trademark that can be seen as confusingly similar to one that already exists on similar goods/products/services has a good chance of being rejected or, if not rejected outright, of being challenged by the existing trademark holder. This especially would be the case if you have not yet used the mark Driverfy in commerce to identify your GPS service and instead are intending to file an intent-to-use application.

Although similar trademarked names can co-exist in commerce (for example, ABC News, ABC Warehouse), they peacefully co-exist because the markets are different and consumers are not likely to confuse a news organization with an appliance store.

I suggest you pick a name for your company/service/product that is uniquely your own.

 

[FlyingRon]

Doubtful a trademark examiner will contact you. If he thinks there's a possibility of a confusion, he'll just deny it. It's up to you to show he was mistaken on appeal.