Say you have 'Bag Watcher' that sells business management software, and another company, with the same class, is called 'Bag Overwatch' that is a computer security company. Is it legal and enforceable to register 'Bag Watcher'?

This is in the U.S.

  • Those two are not the same market really. – Trish Dec 28 '20 at 12:25

The question is always, would a reasonable customer be confused into thinking that the two are the same, or that there is some relation or sponsorship or attribute to one product or firm the rightful reputation of another. That is always dependent on the specific facts and the specific market involved. So-called "famous" marks get extra protection.

The exact markets involved will matter. Any stylizations such as colors and typefaces may matter. Logos may matter. I can't say if one of those specific names would be found to infringe on the other.

  • Understandable. Thank you for answering. – Mardymar Dec 26 '20 at 23:27

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