The short answer
No. Two trademarks can be confusingly similar despite different spellings. The signs must be considered in the context of the goods or services concerned. A small change to a name is therefore not a reliable substitute for assessing similarity.
Sound and appearance are part of the assessment
Confusion can arise when customers assume two signs belong to the same business or to businesses that are economically connected. The names need not be identical. The IPI expressly identifies similarity in sound and appearance as possible causes of conflict.
Read your preferred options aloud and look at them without your familiar logo. This practical preliminary check can highlight similarities. It does not replace a legal assessment and, in particular, does not establish a safe number of letters that must be changed.
The offering behind the name matters too
The protected goods and services form part of the assessment. The overall impression of the trademarks and the proximity of their offerings are considered together. Finding a similar name therefore means neither an automatic prohibition nor an automatically harmless result.
For search results, record the register details and goods and services list as well as the name. The IPI recommends a similarity search before filing. It does not itself check earlier rights during registration, including for a combination of words and images.
Sources: IPI: Likelihood of confusion and overall impression · IPI: Earlier rights and risks of conflict
Registration does not settle a conflict
Opposition to a Swiss trademark registration can generally be filed within three months of publication. The opposition fee must also be paid within that period. Anyone wishing to challenge a new registration should therefore record the publication date immediately.
Opposition is not the only legal route. Civil proceedings can still be relevant later. Conversely, the passage of the opposition period without a challenge does not mean all earlier rights have been cleared. Prompt specialist assessment is sensible in a specific conflict.
Sources: IPI: Opposition requirements and deadline · IPI: Earlier rights and risks of conflict
What you can do now
- Search for identical names, similar spellings and names that sound similar.
- For relevant results, record goods, services and register status too.
- Have concerning results assessed before printing packaging or going public.
Frequently asked questions
Does a different logo help when the name is similar?
It can influence the overall impression, but does not automatically remove a conflict. Combined word/figurative marks also need a similarity assessment. The particular design and the offerings concerned must be considered together.
Is my trademark unchallengeable after three months without opposition?
No. The three-month deadline applies to opposition against registration. It does not rule out all other claims, particularly civil proceedings.
Sources: IPI: Opposition requirements and deadline · IPI: Earlier rights and risks of conflict