How similar is too similar? What counts as a trademark conflict?

Not all names can co-exist

When you're choosing a brand name, checking that it's unique is not enough. You also need to check that it's not too similar to an existing registered trademark. But how similar is too similar? And when does a name cross the line from safe to risky?

This guide explains what counts as a trademark conflict and how to avoid picking a name that could cause legal trouble.

What is a trademark conflict?

A trademark conflict happens when your brand name is too close to another trademark that is already registered. If the names are similar enough to confuse customers or suggest a link between the two businesses, the owner of the earlier mark can object to your application or take legal action to stop you using it.

Even if you didn't copy the name or know about the other business, that won't protect you. The law focuses on how the names look, sound and feel to the public.

What makes two trademarks too similar?

There are several ways two trademarks can be seen as conflicting. These are the main ones:

• Visual similarity | Do the words look similar when written down?
• Phonetic similarity | Do the words sound the same or very close when spoken?
• Conceptual similarity | Do they create the same idea or impression?
• Shared distinctive parts | Do they both include the same unusual or invented word
• Overlap in trademark class | Are they registered for similar products or services?

It's often a mix of these factors that leads to a conflict.

Examples of names that could conflict

• "Zooma" vs "Zoom" for video software: phonetically similar, same sector
• "Nutree" vs "Nutri" for health supplements: conceptually and visually close
• "KwikKart" vs "QuickCart" for e-commerce tools: similar sound, spelling and service

The closer the industries and customer base, the less difference it takes for confusion to arise.

What if the names are spelled differently?

Different spelling is not always enough. If your name sounds the same or creates the same idea, it may still be considered too close. For example, "Xpress" and "Express" would likely be seen as conflicting in most sectors.

What if I'm using a generic word?

Generic or descriptive terms like "London Coffee" or "Smart Fitness" are often hard to protect on their own, but that doesn't mean you're in the clear. If someone has registered a similar name that has become distinctive through use, they might still be able to challenge you.

How can I check if my name is safe?

The best way to check is to run a comprehensive trademark search before you commit to a name. A good search tool like Search a Brand can highlight not just identical matches but also similar names in the same class.

You should also:

• Think about how your name might be shortened or abbreviated
• Consider how it sounds when said aloud
• Check other countries if you plan to expand internationally

What happens if I ignore a conflict?

If your name conflicts with someone else's registered trademark, they can:

• Oppose your application and stop your registration
• Send a legal letter asking you to stop using the name
• Take legal action for trademark infringement

This could result in wasted time, lost money and even having to rebrand.

Better to be safe than sorry

Trademark conflicts are not always obvious. A name that feels unique to you may still be too close to something that's already protected. That's why it's important to look beyond identical matches and consider overall similarity.

Not sure if your name is safe? Use Search a Brand to check for similar registered trademarks before you invest time or money.