Trademarking a Brand using a word that is similar to an already trademarked word

[elbo]

What is the name of your state? Maryland

I am going to be rebranding and am trying to make sure I am not infringing on someone else's trademark and also that I'm able to trademark my brand. If the standalone word "Stoked" is trademarked, can I use the word "Stoke," using in a phrase, for example "Infinite Stoke"? My company's goods are similar to those of said "Stoked" brand.

 

[quincy]

What is the name of your state? Maryland

I am going to be rebranding and am trying to make sure I am not infringing on someone else's trademark and also that I'm able to trademark my brand. If the standalone word "Stoked" is trademarked, can I use the word "Stoke," using in a phrase, for example "Infinite Stoke"? My company's goods are similar to those of said "Stoked" brand.

I suggest you choose another name.

Names that look like or sound like another's existing trademark can easily be judged infringing on the first user's mark.

 

[elbo]

Ok, thanks for the insight. I guess I thought there might be a chance it would be ok, since there are other trademarks I see when searching TESS, like "Share the Stoke" and "Keep the Stoke." That made me think it might be ok but I didn't want to take any chances

 

[quincy]

Ok, thanks for the insight. I guess I thought there might be a chance it would be ok, since there are other trademarks I see when searching TESS, like "Share the Stoke" and "Keep the Stoke." That made me think it might be ok but I didn't want to take any chances

If you are offering the same or similar goods or services, the first user is likely to challenge your use and registration.

Trademark law centers on consumer confusion. If your use of the same or similar name confuses, or is likely to confuse consumers, as to the origin of your goods/services - making consumers believe you are affiliated in some way with the original mark user - you could be sued by the original trademark holder.

 

[elbo]

Gotcha. Thanks quincy!

 

[quincy]

Gotcha. Thanks quincy!

You're welcome, elbo. I appreciate the thanks.

You can have the specifics of your "first choice" name personally reviewed by an IP attorney in your area to better determine your risks - or you can create a unique trademark, one that clearly distinguishes you and your goods/services from those of all others. I think the second option is best.

Good luck.