Trademark similar words, different goods/service

[sic47]

What is the name of your state? Hawaii

Not the actual words, but is it possible to trademark something like "vegstrong" when there is registered trademark called "veg-strong"? My mark will be for clothing and the registered mark is for cookbooks/recipes/cafe services.

If not, could I do "vegstrong clothing"? Would this cause confusion?

Any help is greatly appreciated.

 

[FlyingRon]

It's possible. The devil is in the details. Further, if the original mark is suitably famous, you can be in trouble for dilution even if you are in a completely different business.

 

[quincy]

What is the name of your state? Hawaii

Not the actual words, but is it possible to trademark something like "vegstrong" when there is registered trademark called "veg-strong"? My mark will be for clothing and the registered mark is for cookbooks/recipes/cafe services.

If not, could I do "vegstrong clothing"? Would this cause confusion?

Any help is greatly appreciated.

Invented words are considered strong trademarks and, as strong marks, they are provided the most protection under trademark laws.

Example: Regardless of how different your particular class of goods/services might be from the goods/services of a strong trademark, you cannot use “Google” or “Nike” or “Coca-Cola” to identify your own goods/services without infringing on the rights of the original trademark holder.

I recommend you rethink your trademark to create something unique as an identifier for your goods/services so you avoid infringing on the rights of any registered mark holder.

 

[sic47]

Thank you for the replies. I'll have to rethink this and use something more unique.

 

[quincy]

Thank you for the replies. I'll have to rethink this and use something more unique.

I think that is smart.

You want your clothing to be different from all other clothes available to consumers so your trademark should reflect this same uniqueness.

Good luck with your business.