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Does USA and EU trademark registration automatically protect the trademark owner against similar name variations in same category i.e I could enforce my trademark if someone else use similar name variations of my trademark and also not able to register new trademark for similar name variations of my registered trademark.

Example if I register "Sea Whale" trademark in particular class. Does it automatically protect trademark owner against the following similar name variations

  1. SEA WHALE ( All letter Capital )
  2. SeaWhale ( no space between words)
  3. Sea Whales ( plural variation )
  4. The Sea Whale ( slight change in front of trademark - - "The" word)
  5. Sea Whale Shop ( slight change at back of trademark - "shop" word )
  6. Sea Ocean Whale ( slight change in middle of trademark - "ocean" word )

Or somebody else can register for above variations in same category too and I can't do anything?

Thanks

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1 Answers1

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A trademark is infringing when another mark in the same market is whether there is a likelihood of confusion with the infringed upon mark to the people who might otherwise buy or rely on the mark.

Exactly what creates a likelihood of confusion is decided on a case by case basis, but it need not be identical to infringe.

ohwilleke
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