In short, the answer is
yes; however, a seasoned trademark attorney would be the best person to ask
regarding your particular situation. That being said, the United States Patent
and Trademark Office (USPTO) routinely rejects trademark registrations based
on the “likelihood of confusion” that consumers would face between a
prospective trademark and one that is already on file with the USPTO. According
to the USPTO, “likelihood of confusion exists between trademarks when the marks
are so similar and the goods and/or services for which they are used are so
related that consumers would mistakenly believe they come from the same source.
Each application is decided on its own facts, and no strict mechanical test
exists for determining likelihood of confusion.” Some things to consider
regarding “likelihood of confusion”:
Aside from being
rejected for having a similar textual composition to an already-existing
trademark, a new registration may fail for also sounding alike, looking similar
or creating “the same commercial impression in the consuming public’s mind”.
The USPTO looks at
whether a likelihood of confusion would exist as to the source of the goods
and/or services rather than whether the actual goods and/or services are likely
to be confused.
The USPTO cannot perform
pre-application searches or provide advisory opinions regarding registrations
(hence the importance of an attorney - see below).
Businesses often seek
the assistance of a lawyer to make sure their application gets accepted (which
can be a time consuming process) and to avoid any future potential legal
liability. For competitive rates on registering your trademark with the help of
experienced trademark lawyers.
ANT Lawyers is a law firm in Vietnam located in the
business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient
access to our clients. Please contact our lawyers in Vietnam for advice via
email ant@antlawyers.vn or call our office at +84 28 730 86 529
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