how can you know if the name you have in mind is too similar to one that is already registered?
January 18, 2023 / Nonprofit Organization

How to Know if Your Name is Too Similar?

Now that we know the general principles to consider when thinking of nonprofit names, how can you know if the name you have in mind is too similar to one that is already registered? Courts will consider several factors to decide if the name you have chosen for your nonprofit is too similar to someone else’s name: 

  1. How similar are the names/marks? 
  2. How related are their products or services? 
  3. How strong is your mark itself? 
  4. In what ways will you market the goods or services associated with your mark? 
  5. How careful are potential buyers when selecting your goods or services? 
  6. What was the intent of the infringing person when they chose the mark? 
  7. Is there evidence that consumers are actually confused between the brands? 
  8. What is the probability that the companies will expand their offerings to be more similar to the other company’s offerings in the future?
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