Back to Trademark basics

What can differentiate my trademark from a very similar trademark?

Founder & Trademark Attorney

If the similarity is in the name, the quickest way to make your application more distinctive is to register a figurative trademark (logo) instead of a wordmark. Adding a distinctive visual element creates a clear difference between the marks, even when the verbal component is similar. However, if the brand names are identical or highly similar, this approach won't be sufficient.

In case of identical trademarks, the best way to avoid a similarity claim is to add a distinctive word before or after the conflicting element. For example, if you want to register "Luna," but someone already owns that mark, you can change it to "Luna Fey" to partially avoid the comparison.

If the similarity is in the logo or visual elements, removing or replacing the similar elements may be sufficient, provided the adjusted mark still functions as a distinctive identifier for your brand.

The key question is whether the overall impression of the two marks is confusingly similar to the average consumer. A minor change that does not alter that overall impression is unlikely to resolve the issue. A trademark attorney can assess whether a proposed adjustment creates enough distance.

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