How can I find out if my trademark will be likely to be approved?

UPDATED: Oct 1, 2022

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How can I find out if my trademark will be likely to be approved?

If the name that I want to trademark is Buttoniqe and there is another retail company that has trademarked Button IQ. Is that too similar to the name that I want even though they are different words and are not pronounced the same.

Asked on February 1, 2019 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no way to no for sure until and unless you try to trademark and see if it is accepted. In my experience (I do some trademark law, though it's not my main practice), your name is on the cusp: it is not so similar that I'd say for sure it would be rejected, but also not so different that you are very safe attempting to trademark it. If you like the name, then go through the process with the USPTO and see if it is accepted for trademark.

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