What Counts as “Too Similar” to an Existing Trademark?
This matters because most trademark problems—USPTO refusals, cease and desist letters, forced rebrands—do not come from identical names. They come from names that are “close enough” that customers might assume the brands are related.
Trademark Law Isn’t About Exact Matches
When the USPTO reviews a trademark application (or when a court evaluates a dispute), the question is not: “Are these names identical?” The question is: Would consumers likely be confused?
This is called the likelihood of confusion standard. If customers might believe two businesses are connected, affiliated, or come from the same source, your name may be refused by the USPTO or challenged by the trademark owner.
How the USPTO Decides Whether a Name Is “Too Similar”
Similarity is not measured by a side-by-side comparison. It’s about overall impression. The USPTO (and courts) commonly evaluate similarity through four major lenses:
1) Sound (Phonetic Similarity)
If two names sound alike when spoken, they may be considered too similar—even if spelled differently. “QuickFix” vs. “KwikFix” is a classic example. Spelling tricks rarely save you because customers don’t see the spelling when they hear a recommendation, podcast mention, or word-of-mouth referral.
2) Appearance (Visual Similarity)
Names that look alike can create confusion, especially online where customers scan quickly. Similar structures, shared key words, or the same distinctive term can be enough to trigger a refusal or challenge.
3) Meaning (Conceptual Similarity)
Two names can be too similar if they communicate the same idea. “Mountain Peak” and “Summit Ridge” may not share letters, but they convey a similar concept that can create a similar commercial impression depending on the industry.
4) Overall Commercial Impression
This is the “big picture” test. Even if you tweak words, add “Co.” or “Solutions,” or swap a letter, the USPTO may still see the marks as creating the same consumer takeaway.
Industry Overlap Can Make Small Similarities Dangerous
Similarity doesn’t exist in a vacuum. The goods and services matter. Two identical names might sometimes coexist if they’re used for unrelated products with little chance of confusion. But in the same or related industry, even small similarities can be enough to create legal risk.
That’s why “close” names are especially dangerous in crowded markets like coaching, e-commerce, fitness, tech services, restaurants, and online education—where customers make fast decisions and assume brands are connected.
Why DIY Searches Miss the Biggest Risk
Most business owners do quick checks: Google, a USPTO exact-match search, domain availability, social media handles, and maybe their state’s LLC database. Those checks are better than nothing, but they miss the core issue: similarity, not identity.
The risk is often a name that’s spelled differently, slightly re-ordered, or uses a synonym—but still creates confusion in the marketplace. That’s the kind of risk a proper clearance search is designed to catch.
The Cost of Getting “Too Similar” Wrong
When your name is too close to an existing trademark, you may face:
- USPTO refusal or office actions that delay your application
- Cease and desist letters
- Forced rebrands after you’ve spent money on marketing and design
- Customer confusion and lost goodwill
- Disputes that cost far more than doing it right up front
Practical Takeaway
“Too similar” is not about exact matches. It’s about whether your name creates a similar sound, look, meaning, or overall impression—especially in the same or related industry. If you’re building a real brand, you want a name that is distinctive and defensible, not one that invites conflict.
If you’re unsure, the smart move is to check before you commit—before logos, websites, packaging, marketing, and reputation get tied to a name you may not be able to keep.
Need help evaluating your name? Visit MooreTrademarks.com.
FAQ: Trademark Similarity
What does “confusingly similar” mean?
It means the names are similar enough that consumers might believe the businesses are connected, affiliated, or come from the same source—even if the names aren’t identical.
Does changing spelling make a trademark safe?
Usually not. If the mark sounds the same or creates the same impression, the USPTO may still find it confusingly similar.
Can two businesses have similar names if they’re in different industries?
Sometimes. If the goods or services are unrelated and confusion is unlikely, coexistence may be possible. But if the industries overlap, even small similarities can create risk.
What is the USPTO looking at when it evaluates similarity?
Typically sound, appearance, meaning, and overall commercial impression, along with the relatedness of goods/services and how consumers encounter the brands.
What’s the best way to avoid trademark similarity problems?
Start with a proper trademark clearance search and choose a distinctive name before investing in branding, websites, packaging, and marketing.
“`
