Legal Question in Intellectual Property in New York

Re: Is a trademark without the word

There are many factors that go into a USPTO examiner's decision on an application. However, if the sole difference is the word "The" at the beginning, the second application is almost certainly going to be rejected.

There are special limitations on the use of domain names as trademarks, and specific rules governing applications for ---.com marks.

If you'd like to discuss the chances of getting your application through the USPTO and strategies to optimize your chances, feel free to get in touch. I generally handle trademark applications for a flat fee.

Re: Is a trademark without the word

No. Not likely.

Re: Is a trademark without the word

We can help to tailor your Federal TM application to increase the likelihood it will survive challenges and publication, but no one can guarantee you will get the TM. Varying one word in order to get it past the examining attorney at the USPTO will not work if that word is "the". You may be able to get it past if you vary one or more significant words. But then you have to survive challenges during publication, and even if it survives all that, you may wind up with a lawsuit from another similarly named business if customer confusion or other problems result from the similar names.

Re: Is a trademark without the word

All of the previous answers are correct assuming you're trying to file in the same class. However, if your company was not in the same class as the other mark, you may be able to file.