Legal Question in Intellectual Property in New York

Re: trademarking a company name

It all depends on the details and even then you can still be sued. You should consult with an attorney that can help you do what you want and also make contingency plans. My firm is focused on Internet, media and entertainment law and they all include IP work.

Re: trademarking a company name

As a technical matter, a company name as such isn't a trademark. However, a company name (or its prominent words) is often used as a trademark, sometimes in stylized type or along with graphics.

The legal test used by the U.S. Patent and Trademark Office ("US PTO")is whether the trademark you apply for, when used on the goods or in connection with the services you recite, would create a likelihood of confusion in the minds of prospective customers as to the source or sponsorship of the goods or services.

Is there a particular number of words or letters that would need to be the same? Unfortunately, no. Various factors are considered, including how the words look, how they sound, what they mean, and the kind of scrutiny that would be given to them by the typical customer of the goods in question.

Attorneys including myself who focus their work on intellectual property, generally keep track of the various decisions of the Trademark Trial and Appeal Board of the US PTO and get a "feel" for how close is likely to be "too" close.