How can I find out if my trademark will be likely to be approved?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I find out if my trademark will be likely to be approved?
If the name that I want to trademark is Buttoniqe and there is another retail company that has trademarked Button IQ. Is that too similar to the name that I want even though they are different words and are not pronounced the same.
Asked on February 1, 2019 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There is no way to no for sure until and unless you try to trademark and see if it is accepted. In my experience (I do some trademark law, though it's not my main practice), your name is on the cusp: it is not so similar that I'd say for sure it would be rejected, but also not so different that you are very safe attempting to trademark it. If you like the name, then go through the process with the USPTO and see if it is accepted for trademark.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.