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Posted Feb 2nd, 2012
Its about TRADEMARKs not patents. I looking to trademark a name though the www.uspto.gov and the
name I want sounds like an other name, but when...

Additional Details:
...but when I did my search on the Gov. database, nothing comes up (like, no one has that word).**
Exp.** if someone has the word "Flying" trademarked already but you want to use the word "FlyingX".
And, lets say we both are clothing companies. Can I use the name "FlyingX" if there is already a
"Flying" ??
Legal Topic Area: Patents in CA

You can use a name if there is no likelihood of confusion with an existing trademark. US law is based on use and not merely registration. So even if it looks clear on the federal trademark register, you still need to search for potential "common law" use of a confusingly similar brand.

Flying and Flying X for the same goods will likely be confusingly similar.

It is all about protecting the consumer. If a consumer saw the Flying brand on clothing, would they think that similar clothing with the Flying X brand on them were from the same or a related source?


Answered on Feb 2nd, 2012 at 7:17pm