Confusingly similar
Close enough to an existing mark that buyers might mix them up.
The central test in most refusals and disputes. It is not about identical spelling - similarity in sound, appearance, meaning and commercial impression all count, weighed against how related the goods or services are. Two similar names in unrelated industries often coexist.
Why it matters to your application
The test is not whether two names look alike when you hold them side by side. It is whether an ordinary buyer, encountering one of them on its own, might think the two came from the same company. That is a lower bar than most applicants expect, and it is why names that feel clearly different to their owners still get refused.
In order
- Compare sound, appearance, meaning and overall commercial impression - not just spelling.
- Compare the goods and services as well as the names. Related goods make similar names much harder to defend.
- Look at how broadly the other registration describes its goods. A broad description catches more.
- Work out which argument is strongest for you: that the marks differ, that the goods differ, or that your description can be narrowed.
How this plays out
The same two names in class 25 and class 42 - a clothing label and a software platform - will usually coexist without difficulty. Those same two names both in class 25 usually will not. The distance between the goods does more work than the distance between the words.
About confusingly similar
Do the two names have to be identical?
No, and most cited marks are not identical. Similarity in sound alone can be enough, which is why phonetic near-misses are refused so often.
Can I add a word to get around it?
Rarely. Adding a generic or descriptive word usually does not change the commercial impression, and the commercial impression is the thing being compared.
Who decides whether two marks are confusingly similar?
The examining attorney in the first instance. If you disagree with the decision, it can be appealed to the TTAB.
General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.
Others you will meet at this stage
Abandonment
Your application died, usually because a deadline passed.
Refusals and deadlinesAcquired distinctiveness
A descriptive name that became a brand through long use.
Refusals and deadlinesDisclaimer
Giving up exclusive rights to a generic word inside your mark.
Refusals and deadlinesLikelihood of confusion
The most common reason applications are refused.
Refusals and deadlines