My business has the same name as another company, can I trademark the same name, in the same industry, with different spelling and .com ?

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My business has the same name as another company, can I trademark the same name, in the same industry, with different spelling and .com ?

For example

A company named Coca Cola is in the beverage industry. Is it possible that I can trademark something like KokaKola.com in the beverage industry as well ?

Asked on December 5, 2016 under Business Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot do this. Trademark is not so narrow as to only protect the exact spelling, symbol, etc. Rather, it protects against any other name or use which is so close, similar, or reminescent as to likely confuse customers as to the identity or source or products. Your example would undoubtedly be found to be trademark infringement that could expose you to considerable liability.


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