The #1 Reason Trademarks Get Denied.
(And Why Spelling Alone Won’t Save You)
When people file a trademark, they usually think, “I made up this name,” “this is MY name,” or “I spelled it differently, so I should be fine.” Unfortunately, the most common reason trademark applications get denied is because of something called likelihood of confusion.
What is Likelihood of Confusion?
Likelihood of confusion means that the U.S. Patent and Trademark Office (USPTO) believes your trademark is too similar to one that’s already registered. The key question they ask is: Could the average customer think your brand is related to or sponsored by the existing one?
It doesn’t matter if the trademarks aren’t identical. If they sound alike, look similar, or are used on related products or services, your application could get denied. Oftentimes the USPTO does their analysis on whether the goods could be sold in the same store (or aisle in the case of super stores like Amazon, Walmart or Target) like in In re Your Gummy Vitamins LLC, Application No. 90007282 (T.T.A.B. March 17, 2022).
Example 1: “Jay-Zee Juice” vs. “JZ Juice”
Imagine someone tries to register “Jay-Zee Juice” for a fruit drink. Even though it’s spelled out phonetically, it’s likely to get denied if “JZ Juice” is filed before it. Why? Because the marks sound the same and are used on the same type of product. The USPTO doesn’t care that you spelled it differently. Further, when famous brand names are involved, there’s a strong chance their attorneys are going to do anything in their power to ensure brand dilution does not occur. In this instance, there’s a good chance the lawyers of Jay-Z, who sells beverages, would reach out explaining their concerns and demanding that you pivot to a new name.
Example 2: “DON'T JUST DO IT, GET IT DONE” vs. “JUST DO IT”
This is an actual case where the USPTO refused registration. The applicant tried to register “DON'T JUST DO IT, GET IT DONE” for clothing. But because Nike already owns “JUST DO IT,” the application was denied.
Even though the applicant added extra words, the core phrase “JUST DO IT” was still there, and that’s what matters most. The USPTO found that the mark was too similar in sound, appearance, and overall commercial impression. They determined that people might assume the two brands were connected.
This is a great example of why a different spelling or added words doesn’t guarantee approval. If the dominant part of your trademark is already in use, especially by a well-known brand, your application is at risk.
Why You Shouldn’t DIY a Trademark Search
A quick Google search or even checking the USPTO’s website is not enough. The USPTO looks beyond exact matches. They consider things like:
Similar pronunciation
Similar meaning
Similar look
Related goods and services
This means you could do what looks like a careful search and still get denied because you didn’t know USPTO’s rules.
Why a Comprehensive Search by a Lawyer Matters
Trademark attorneys I conduct deep, comprehensive searches. We don’t just look at names, we assess how similar your mark might feel to an examining attorney at the USPTO. We also look at the specific classes of goods or services, trade channels, and how courts and past decisions have interpreted similar cases.
There’s no way to guarantee approval, but this process can drastically reduce your risk of wasting time and money.
Want Help?
If you want to increase your chances of approval, avoid hidden conflicts, and feel confident before you file, I offer full trademark search services. Let’s get it right the first time.
Reach out if you're ready to protect your brand the smart way.