Trademarking similar logos for different products

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gamewnr14

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I am looking to trademark a logo for a t shirt company. There is already a company with a very similar logo (according to the uspto website). However, they produce different goods, athletic products. I was unable to find them on the web; only on the patent and trademark website. I am trying to discern if using this name/logo is still a possibility or if I need to completely change the name of the company/logo, etc. Any input would be great appreciated!
 
The test for trademarks is "likelihood of consumer confusion", which looks to a variety of factors, such as similarity of the marks, similarity of the goods/services, etc. If your logo is very similar (such that a consumer might think it is related to the 3rd party logo), then your application will probably be refused by the USPTO. If you decide to use the logo without registering, if the 3rd party has a registration, or if they have rights through use (even without registration), you could find yourself facing some infrincement allegations. It's difficult to answer, in general, without seeing the two marks. The safe answer is to say that if you think it looks similar, the other party will probably too; so, since you are apparently in the early stages of your company start up, best to find a clear mark that you can effectively establish protectable rights for. If you want a specific answer, feel free to send me your logo and reference to the logo that you think is similar. With respect to the goods, athletic products and t-shirts are frequently offered under the same mark, so you aren't really going to get points with the USPTO for that position. In selecting your mark, you really want something that you can develop recognition for and that can be associated, clearly, with you and your goods. The more different it is than the marks of others, the more clearly defined your brand can be, and generally, the more readily you will be able to keep others from using marks close to yours. For that reason, as well as avoidance of infringement, its best to start with a clean mark. Not to mention than being incredibly less expensive than being forced to change it later.
 
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