If you are filing for a Federal Trademark and the same mark is already registered, simply changing the spelling will not, automatically, differentiate you from the other company.
When there is an alternative spelling or intentionally changed version of an English word, the Trademark examiner will conduct a pseudo mark search of existing Trademarks. This pseudo mark search locates spellings that are very similar or phonetically equivalent to your proposed Trademark. (For example: Kat & Cat would be interpreted as the same mark).
The best practice is to create a name that does not illicit comparisons to another company.
Elliott Stapleton Attorney with CMRS Law
Elliott Stapleton Business and Estate Planning Attorney | 123 Boggs Lane, 1st floor, Cincinnati, Ohio 45246 | Phone: 513-334-0099
THIS IS A LEGAL ADVERTISEMENT ONLY.
GENERAL INFORMATION ONLY, NOT TO BE CONSTRUED AS LEGAL ADVICE. ALL LEGAL DECISIONS SHOULD BE ADDRESSED WITH LEGAL COUNSEL
2014 et seq. © Copyright Elliott Stapleton, LLC. All rights reserved.
The content on this site is for information purposes only.
No one should rely on the internet, including this or any other website, for legal advice.
Communicating through this site does not create an attorney client relationship and your submission is not a confidential communication.