What "similar" means: how trademark offices compare two trademarks

By Can Çavuş · 24 February 2026 · Similarity

"Your mark is similar to an earlier mark." For an applicant that can sound wrong. The names are not the same, the logos look different and the companies may sell slightly different things.

The reason is that an office does not usually ask whether two marks look identical. It asks whether customers could reasonably believe that the two come from the same business, or from businesses that are connected. This is called a likelihood of confusion, and it sits behind most refusals and oppositions based on earlier marks. The tests differ between countries, but the same ideas appear in the major systems.

A name can be different and still be too close.

The four things an office looks at

Look. Words that share most of their letters, the same beginning or ending, or logos with the same dominant feature. NOVARA and NOVERRA are not identical, yet on a page they are close.

Sound. Marks are spoken as often as they are read. Someone recommends a brand to a friend, and the friend never sees it written. NITE and NIGHT sound the same. KOLOR and COLOR sound the same. Spelling differences do not remove a conflict.

Meaning. Marks can look and sound unrelated and still carry the same idea. WOLF and LUPO, which means wolf in Italian, are the usual example. A translation can matter when you plan to sell abroad.

Overall impression. People remember a brand as a whole, not letter by letter. Two marks with different words may still leave a similar impression when they share a dominant graphic, a typeface and a presentation.

The marks are usually weighed together, and the stronger or more dominant parts count for more than the weaker ones.

The goods and services count as much as the name

Similarity of the marks is only half the question. The other half is how close the goods or services are. The same word can sit comfortably on apples and on software, because nobody would link the two. Two similar names for the same kind of clothing are another matter.

Goods do not need to be identical to be related. Software for managing restaurants and payment technology for restaurants are different products, but they serve the same customers and are sold through the same channels, so an office may treat them as related. This is why "is the name already registered?" is the wrong question. The useful one is whether the name is close enough to an earlier mark, for goods close enough to yours, to matter.

Do not compare marks side by side

A common reaction to an objection is to put the two logos next to each other and say they are obviously different. That is not the test. Customers rarely see two brands together. They see one today and another next month, remember part of the name, hear a brand mentioned in conversation. The question is what impression they keep and whether it could lead them to think the businesses are linked.

The parts that matter most

A mark often has several elements. A descriptive word added to a distinctive one does not carry much weight. If one business uses LUMINA ADVISORS and you apply for LUMINA CONSULTING, the part that counts in the comparison is LUMINA, because "advisors" and "consulting" only describe the service. That does not mean the two marks automatically clash. It means the descriptive words will not save you.

Changes that do not make a mark safe

Changing one letter. NOVA to NOVAH rarely solves anything. In a short name, a single letter is easy to overlook.

Adding a descriptive word. ORION and ORION TECHNOLOGY still share the distinctive part. Words like Group, Global, Digital, Solutions or Labs add little.

A different logo. A new logo helps when the logos are what matter. If the word is the main distinctive part of the brand, a different logo may not remove the problem. This is also why a plain word mark can be useful. See word, logo or both.

A different language. A translation of an earlier mark can still count. If you will sell in more than one language, check the meaning, not just the spelling.

There is no safe number of letters to change and no rule such as "add one word and you are fine". The assessment depends on all the circumstances together.

Short names and weak marks

The shorter the mark, the more a small change shows, so look at sound, sequence and structure and not just whether the spelling differs. LUNO and LUMA look different but are built alike.

Strength matters too. A highly distinctive earlier mark can be protected against a wider range of similar marks than one made of common or descriptive words. A near match with a weak earlier mark may be less of a problem than a near match with a strong one.

A worked example

Suppose you want to launch a fitness app called VITALO and your search finds VITALIA for nutritional supplements. You should not ignore it because the names differ, and you should not give up the name because of it. Ask:

• How alike do the names look and sound, and do they carry the same idea?
• Are fitness software and supplements related in this market, for example sold to the same customers through the same channels?
• How distinctive is VITALIA?
• In which countries is it registered?

Only after answering those can you judge the risk.

Searching with similarity in mind

A proper search follows the same lines. Define the mark and the goods first. Then search for the exact name, for variations in spelling, plurals and common mistakes, for names that sound alike, and for translations. Rank what you find by how similar the marks are, how distinctive the earlier mark is, how close the goods are and which country it is in. Finally look at real use outside the registers. The aim is not a long list of near names. It is to know which of them matter. See trademark search, and for the terms see the glossary.

Frequently asked questions

Before you file

Look past the exact match. If you want a second pair of eyes on a name you like, request a search. The name check is a quick first step, and our page on why offices refuse shows what happens when an earlier mark is cited against you.

This article is general information and is not legal advice. Rules differ between countries and change over time; check the official source for your case.