A trademark search begins with identifying the obviously conflicting trademarks in the USPTO or CIPO records which can be accessed through the Trademark Electronic Search System (TESS) or the Canadian Trademarks Database. Similarity of the marks in sound, appearance, or meaning as well as the commercial relationship between the goods and services identified by the marks play a significant role in determining the success or failure of your trademark application. For example, the mark T.MARKEY and TEE MARQEE are phonetic equivalents of each other. Spelling the word differently does not substantially distinguish the two marks because consumers could still believe the products and/or services sold under these two marks come from the same company. Because of that, the examiner will likely refuse registration of your mark on the ground of likelihood of confusion. Hence, in order to conduct a proper trademark research, it is necessary to search the trademark databases thoroughly for any phonetically similar words, synonyms, homonyms, and/or foreign words with similar meanings.
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