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I have a software program launching in approx three months. Yesterday I found out that the desired name of my software is very similar to another company's software product. Although the products are different. My product ends in "o" and theirs in "e", all other letters are the same. Their name is trademarked. Will I still be able to use my desired name? Furthermore will I be able to trademark my product name? (I have no experience in this field) Thanks for your answers, Tanvir |
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Everyone here will preface with "consult a lawyer," which you should, but generally speaking trademarks are limited to the scope of business. For example a local business (restaurant, laundromat) could collide with a business in another state because they don't overlap. Or if the two business are in completely different verticals (one agriculture, the other is a law firm) it could be acceptable. Or for example a name like "O'Reilly's" could be used in different contexts because it's someone's name, but someone trying to pretend to be McDonald's couldn't do that. In general if your company could be confused with the other company because they overlap in domain, it's likely a problem. But if confusion is essentially impossible, or if it involves common words ("word" or a proper name), then it's more likely you can overlap. |
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I don't think you can trademark a name that sounds very close to a trademarked one in the same marketing field (e.g. both in software products). Here in Italy I worked in the IT of a trademark and brevets attorney company and I know that before granting the trademark a survey is conducted to existing marks that sounds like the one the customer asked to protect. At least, here in Italy/Europe. I can't tell for other countries. Have you got some backups name? |
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Ask yourself: Also remember that it is easier to change the name now then later. |
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Adding to the aforementioned, sounds to me like there will be confusion since both names are in the same classification. Options are to change the name or test the waters by trademarking your name and see what the USPTO says, $275 to file and about $275 practitioner fee (don't need attorney). Worst case is the trademark attorney refuses the mark. Is it possible that the two software are differeent enough that one would not be confused with the otehr? A thorough analysis would need to be done. For discussion only, not legal advice. |
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