Legal Question in Intellectual Property in Massachusetts

Closely related marks

Does the USPTO decline marks (in the same class of goods) if it

contains the same words without a space or if you add a character

at the end

example: if some has a active mark such as

hug me (for a line of towels)

would someone be able to take out....hugme (one word)?

or hug me! within the same class?

Thank you


Asked on 7/14/05, 3:07 pm

1 Answer from Attorneys
Brett Dorny Law Office of Brett N. Dorny

Re: Closely related marks

The standard for determining whether a mark can be registered is whether it creates a likelihood of confusion with an existing mark. Thus, minor changes to a mark, such as removing or adding characters, would not allow a mark to be registered. Additionally, use of such a mark could be an infringement of the prior mark.

The above answer is provided for informational purposes and only provides general information on trademark law. It is not intended to and does not constitute legal advice nor create an attorney client relationship. An attorney should be consulted with respect to the application of trademark law to any specific case.

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Answered on 7/14/05, 4:32 pm


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