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Trade name confusion is based on the likelihood of confusion between two names in the same industry and competing in the same market. For instance, there are likely to be many "Fred's Tire Shops" across the country, but so long as they are not doing business in the same general area, there is no confusion and no issue. However, if two names, such as "Sears" are used in the same industry (Department Stores), even if one is the generally recognized nationwide store, and the other a small town store, the second store will likely be forced to change its name.
The issue is a question of fact, meaning each case may be different, but the fact that you have two internet domains purchase, I assume you have a corporation formed in the state of California under the name you identified, and are operating with the only confusion being a product offered by another company in a relatively small industry, a confusion is unlikely.
The public policy basis for this is that there is a limited number of names available for people and entities to do business under. A business cannot create a monopoly over potential names in the field by simply creating products and claiming those names. Furthermore, the product name you identify is similar and not identical to the one you are proposing.
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Is it worthwhile to trademark my business name if it is a consulting group business entity? i.e. it will not be a consumer brand. Or will my incorporation and going concern as a business suffice?
Per the question string above, if I were to Trademark PROLEAD and there is only the existing trademark referenced above at uspto.gov (Compass Proleads), what would the criteria be for awarding me the trademark? For example, I did a Google search and someone was using Prolead Media as an ongoing business name in the same general field, would that preclude me from obtaining a trademark?
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