How close can a trademark name be to another existing trademark?

dustybin · Mar 27, 2009

These names are just for example,

There is a existing trademark called 'WAD-O-CASH'

I would like to trademark the name 'CASHWAD'

Would that not be advisable because of the closeness of the words?

WAD-O-CASH is a American company, and is not in the same field of business as my company. Also, 'WAD-O-CASH' is not listed as a UK business in the Company House database, I can only locate it in the Trademark database.

Dawg · Mar 27, 2009

not in the same field of business as my company

Are you sure? Cashwad and Wad-o-Cash would seem to be fairly close to an observer; based on the word cash really. I'd imagine that Wad-o-Cash might object to it and tie you up in legals for months if not years.They might not, you just don't know, but they could.
Is it worth starting a business with a battle? You'll have enough to do anyway, (presuming from your want of a new trademark that you are starting a business). It might be easier to choose another name and spend your energies building a business.

dustybin · Mar 27, 2009

Thanks for your help.

dustybin · Mar 27, 2009

That was just a example name, the real names could easily mean different types of businesses. In that case I might just re-think another company name.

I thought there might be a advantage with the other company living in America and also not being in the same line of business as mine.

Thanks for your help.

Maslins · Mar 27, 2009

Chances are if your business never amounted to anything significant, the American company would never find out, and you'd be fine. However, those Americans are well known for getting lawyers in to sort out every little issue, so I wouldn't risk it if I were you.

*he says realising full well his business name is very similar to a high street electronics retailer*

silver · Mar 28, 2009

Here is some useful information regarding trademarks:

http://www.ipo.gov.uk/types/tm.htm

Alison

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How close can a trademark name be to another existing trademark?

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