Law-Forums.org

[lintun]

Let's assume I start a magazine with the name, 'MODE,' and it would gear to a different audience. It would draw women who want to read about beauty, cosmetics, relationships, wellness, health and fitness. But there's already an existent buisness with a similiar name, 'MOD.' but their buisness is about 'fashion' and 'lifestyle'. Could that be trademark infringement even if we have different auidences? I would also put on the top of my logo, 'BEAUTY AND WELLNESS MAGAZINE.'

[gideon]

Since "beauty, cosmetics, relationships, wellness, health and fitness" equals "fashion and lifestyle" and there would only be one letter difference, then it's obvious it would create confusion in the mind of the average consumer. You need a different title.

[hewlett]

The answer hasn't changed in a few hours. Find a different name. Their lawyers will have you for lunch.

[crosbey]

Your own trademark attorney would probably do a detailed comparison of your products and services with those of others who already have a similar brand. If there is ANY overlap, or even a "likelihood of confusion", you would be advised not to attempt such a risky enterprise.