Patent Attorney and Founder
Great question! The short answer is, it depends. But let’s break it down.
First, we need to think about the type of services you’re comparing—like a podcast versus an editorial website. Now, when you say “editorial website,” I’m assuming you mean a website that either edits content or maybe even helps people build websites, right? Like a WordPress company, or something similar?
Here’s where it gets interesting: Both services (the podcast and the website) could fall into the same category when it comes to trademark law. The U.S. Patent and Trademark Office (USPTO) has 45 different classes, and both of these services might land in Class 41, which covers educational and entertainment services. So, theoretically, the names could be the same and not cause confusion.
But—there’s a catch. If the editorial website is specifically about editing podcasts, now we’re getting into murky waters. A podcast about editing podcasts, paired with a website that offers podcast editing services, would definitely raise some red flags because they’re clearly too similar.
However, if your podcast is, say, about cars and the website is about editing content, there’s a much lower chance of confusion. They’re both in the same class, but the services are different enough that people aren’t likely to mix them up.
Here’s the big takeaway: The USPTO looks at whether there’s any confusion about the services being offered. If there’s a chance of confusion, they might not approve the trademark. But if you’re in completely different areas—like a podcast about cars and a website for web design—then it’s less of an issue.
Let’s say you had a podcast called The Bold Inventor Podcast, and someone else had a website about inventors called The Bold Inventor Website. That could be a problem. Why? Because both are focused on inventors, and there’s overlap in the audience. Same name, same niche—trademark risk.
So, to answer your question: If your podcast and the website cover very different topics, you’re likely fine. But if they share a similar focus, even if they’re in different formats, you might need to consider a name tweak.
Got it?