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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Understanding a Similar Mark and Similar Use for Trademarks

Overview

When analyzing a trademark search, understand that the mark and use need to be similar for a conflict between marks.

A similar mark can be determined by:

Look alike
Sound alike
A translation of the word means the same or similar meaning to another word
A pictorial representation is the same as the word (ex. a picture of a building can be equivalent to the word building)

A similar use can be determined by:

An ordinary understanding that the new use is the same as the old use (example: new use is for sweatshirts and the old use is for crew neck sweatshirts)
The new use is something which is something which it's common for another to sell while selling the old use (example: new use is for computer software for business accounting for deductions of automobile driving mileage expenses and the old use is computer software for business tracking for sales leads categorized by geographical location, and there is evidence that other mark owners use a mark for both computer software for business accounting for deductions of automobile driving mileage expenses and computer software for business tracking for sales leads categorized by geographical location)
It’s common for the good or service to be sold in the same place (example: the new use is for a good of sewing thread and the past use is sewing needles and it is common for online stores to sell sewing thread and sewing needles on the same website)
A new use is a good with an old use of a service including the good, or a new use is a service with an old use is a good which includes what is in the service (example: the new use is hardware and the old use is the service of selling hardware through an online store)

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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Understanding a Similar Mark and Similar Use for Trademarks

Overview

A similar mark can be determined by:

A similar use can be determined by:

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