The hardest matter to determine is what's going to be a potential problem for you and what isn't. Once that is ascertained, further research into the company or companies is needed.

First, let's discuss the difference between conflicts and strong similarities.

What is a Conflict?

Determining a conflict is very simple - it's any mark that is EXACTLY like yours. If the name AND the goods/services are EXACTLY the same, then it's a Conflict.

What is a Strong Similarity?

These are harder to determine and require analysis. A Strong Similarity is a name that is similar enough in Sound, Appearance or Meaning to be confusingly similar to the average consumer. Here are some examples to aid you:

1. Joe has a pending Federal trademark for his auto detailing service called It's in the Details. Becky wants to call her new auto detailing service, It is the Details. They are both offering the same service and their trade areas cross. This is a Strong Similarity, based on Sound & Appearance and Joe's pending Federal application.
2. Mary has a Federally registered trademark for her clothing line, Scary Mary's Apparel. Dan wants to use the name Mary Frightful Wear for his clothing line. This is a Strong Similarity, based on Meaning & Mary's Federal registration.
3. Sam has a California state registered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily serves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.
4. Lorena's online payroll service, Pay Up, has been in use for 15 years and has
   Customer Service at Wal-Mart: Try It!
   We can all learn a lot from the World’s largest employer on how to run a business. Wal-Mart seems to get the program and understand all aspects of their business; from distribution to customer service. Speaking of customer service, Wal-Mart does an excellent job in customer service, they really do.If you need to return something they have a great return policy. If you need help in their store they have a podium set up in the middle of the main isle behind the cashier area. For those that argue the Wal-Mart does not have good customer service I beg to differ.<
   nce that is ascertained, further research into the company or companies is needed.

   First, let's discuss the difference between conflicts and strong similarities.

   What is a Conflict?

   Determining a conflict is very simple - it's any mark that is EXACTLY like yours. If the name AND the goods/services are EXACTLY the same, then it's a Conflict.

   What is a Strong Similarity?

   These are harder to determine and require analysis. A Strong Similarity is a name that is similar enough in Sound, Appearance or Meaning to be confusingly similar to the average consumer. Here are some examples to aid you:

   1. Joe has a pending Federal trademark for his auto detailing service called It's in the Details. Becky wants to call her new auto detailing service, It is the Details. They are both offering the same service and their trade areas cross. This is a Strong Similarity, based on Sound & Appearance and Joe's pending Federal application.
   2. Mary has a Federally registered trademark for her clothing line, Scary Mary's Apparel. Dan wants to use the name Mary Frightful Wear for his clothing line. This is a Strong Similarity, based on Meaning & Mary's Federal registration.
   3. Sam has a California state registered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily serves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.
   4. Lorena's online payroll service, Pay Up, has been in use for 15 years and has
      From Newbie to Guru (The Rise to Power and Money Through Internet Marketing)
      One might ask: What the heck is a Newbie. A Newbie is the new kid on the block. A Newbie is fresh fish. A Newbie is that “P. T. Barnum sucker” that is born every day. The original term comes from a combination of the words “new boy”. The origin of the word Newbie was not meant to be especially complementary. However the use of the word in Internet marketing is meant to be harmless. I think.The Newbie name identifies a brand new player on the playing field. In fact the Newbie is arguably the most important player on the field. Hundreds are entering the fie
      er to determine and require analysis. A Strong Similarity is a name that is similar enough in Sound, Appearance or Meaning to be confusingly similar to the average consumer. Here are some examples to aid you:

      1. Joe has a pending Federal trademark for his auto detailing service called It's in the Details. Becky wants to call her new auto detailing service, It is the Details. They are both offering the same service and their trade areas cross. This is a Strong Similarity, based on Sound & Appearance and Joe's pending Federal application.
      2. Mary has a Federally registered trademark for her clothing line, Scary Mary's Apparel. Dan wants to use the name Mary Frightful Wear for his clothing line. This is a Strong Similarity, based on Meaning & Mary's Federal registration.
      3. Sam has a California state registered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily serves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.
      4. Lorena's online payroll service, Pay Up, has been in use for 15 years and has
         Who Loves Money - Does Who Loves Money Need To Be Asked?
         Kyle and Carson are asking the Internet marketing community this question. The name of their new product is Who Loves Money and it will be released on Tuesday May 1st. So, of course the question posed by these two of Wealthy Affiliate fame is rhetorical. Everyone knows you love money. It’s up to Kyle and Carson to convince you it is their product that can help put more money in your pocket. Will it help you?Who Loves Money isn't out yet so no one knows for sure, but I am guessing it will. Why? because these two have a long history of promoting and creating succe
         service and their trade areas cross. This is a Strong Similarity, based on Sound & Appearance and Joe's pending Federal application.
      5. Mary has a Federally registered trademark for her clothing line, Scary Mary's Apparel. Dan wants to use the name Mary Frightful Wear for his clothing line. This is a Strong Similarity, based on Meaning & Mary's Federal registration.
      6. Sam has a California state registered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily serves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.
      7. Lorena's online payroll service, Pay Up, has been in use for 15 years and has
         What Is an Ebook Reader?
         Diverse group of ebook readers makes variety of e-books available for purchase.Since an ebook is a file that needs to be viewed its important to know what format it comes in and what program it can be opened with. E-book files are viewable through specialized programs called e-book readers. There are a few formats that an ebook could come in. It could come in plain text and thus be viewed in Microsoft word or a notepad program.Computers that operate on Windows will open that file automatically with the best matched program at hand. Some files come in a
         tered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily serves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.
      8. Lorena's online payroll service, Pay Up, has been in use for 15 years and has clients across the country. Gene wants to start an online payroll service called Wage Wizard. Neither of them have trademarks. This is NOT a Strong Similarity based on the dissimilarity in the names.

      Two important notes:

      It's crucial that comprehensive research be conducted in order to decide if the name is truly available or not. Free preliminary sites found on the web are a great place to start but please be aware that this is merely scratching the surface of what's out there.

      Determining what is a conflict or a strong similarity requires experience and it is very easy to over or under-react to marks you've found. If you're vacillating about any marks, contact a trademark research firm or an attorney for further consultation.

      Now, once those similar marks have been found and determined, the next step is to check into them to determine whether or not there would be a likelihood of confusion between the two companies when used in commerce.

      How to get started with your competitive check:

      1. For Federal trademarks: check the current status of the application by going to USPTO Check Status site and entering the serial number in the appropriate box
      2. Do a web search for the trademark name AND for the owner name.
      3. Call information to find phone numbers and contact information for each company.
      4. Contact each of the similarities to find out specifically what they do and what their business area is.

      Specific questions to ask:

      • What services do you provide? / What exactly does your product do?