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Is this Trademark Infringement?

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eGrizzly

Contributor
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Oct 27, 2017
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Texas
Hi guys,

For sake of illustration is the name Chicago Web Dezign confusingly similar with Chicago Web Design, being that the first name was purposely miss pelt combined with the fact that the words are highly generalized and common every day words. Does this constitute infringement being that Chicago Web Design was registered first as an assumed name/DBA

On the same note are their domain name counterparts chicagowebdezign.com and chicagowebdesign.com confusingly similar where chicagowebdezign.com infringes on the originally registered chicagowebdesign.com.

- Both companies offer identical services (standard web design services
- Both companies have completely different logos, branding, and none of their colors look similar.
- One of the registered DBAs, "Chicago Web Design", has not been an active business for about 10 years, although the assumed name still remains valid with the county

This trademark stuff can surely get confusing so I'm definitely calling out to you guys
 
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giovanni93

Contributor
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Jan 19, 2018
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28
California
Hi guys,

For sake of illustration is the name Chicago Web Dezign confusingly similar with Chicago Web Design, being that the first name was purposely miss pelt combined with the fact that the words are highly generalized and common every day words. Does this constitute infringement being that Chicago Web Design was registered first as an assumed name/DBA

On the same note are their domain name counterparts chicagowebdezign.com and chicagowebdesign.com confusingly similar where chicagowebdezign.com infringes on the originally registered chicagowebdesign.com.

- Both companies offer identical services (standard web design services
- Both companies have completely different logos, branding, and none of their colors look similar.
- One of the registered DBAs, "Chicago Web Design", has not been an active business for about 10 years, although the assumed name still remains valid with the county

This trademark stuff can surely get confusing so I'm definitely calling out to you guys
I believe it would definitely be an infringement, the words are too similar and the sound when pronounced are exactly the same.

I summarized the information I got from the USPTO onto a Word Document, so that whenever I was ready to trademark I could move along right away with it. Here is the basis of why you're likely not going to get a trademark for that name.

Hope this helps!

Similarity of Marks

- Examined for the similarities and differences
o To find a likelihood of confusion, marks do not have to be identical
- When marks sound alike when spoken, are visually similar, have the same meaning (even if in translation), and/or create the same general commercial impression in the consuming public’s mind, the marks may be considered confusingly similar
o May be sufficient to support a finding of likelihood of confusion depending on the relatedness of the goods and/or services

Sound: T. Markey – Tee Marqee (phonetic equivalents, marks sound alike)
 

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