The Question:
If a company sells soap under the trademark FRESH BODY CARE, could another business sell lotion under the name REFRESH? Is adding “Re” to the beginning of a similar word enough to avoid a trademark conflict?
The Answer:
No. Simply adding “Re” to the beginning of a word does not automatically make a trademark different enough to avoid a conflict.
The USPTO evaluates trademarks based on their overall commercial impression, including their appearance, sound, meaning, and how consumers perceive them.
The question is whether consumers might believe the two products come from the same company or affiliated businesses.
The fact that one company sells soap while another sells lotion doesn’t necessarily eliminate the risk. Products don’t have to be identical to create a trademark conflict. They only need to be sufficiently related.
Soap and lotion, for example, are commonly sold to the same consumers, through similar retail channels, and sometimes under the same brand.
Another important consideration is the strength of the shared wording. If a word is descriptive or commonly used in the industry, its trademark protection may be relatively narrow. But if it’s distinctive and strongly associated with one brand, adding a small prefix may not make enough of a difference.
Before investing in packaging, inventory, or marketing, search for more than exact trademark matches. Look for shared root words, spelling variations, phonetic similarities, and existing marks covering related products.
Bold Takeaway:
Don’t just ask, “Did I change enough letters?”
Ask, “Could consumers reasonably believe these two brands are connected?”
A small change in spelling doesn’t necessarily mean a big difference in trademark law. Get the name professionally cleared before investing in your brand.
