Just a quick question for you all. I was reading a book and came across the perfect word for my brand name...problem is i googled the word/name real quick and theres already a brand out there using it...but i REALLY want to use this word/name. so for example if theres already a brand called(remeber this is just a random example, not the one i want to use) tribal apparel...would it be dumb to or illegal to call my band tribal wear or tribal gear??? any insight or experience with this? mahalos in advance
If the existing brand is also in the same field then you'd probably be pushing your luck... if the existing brand was Tribal Dishwashers(and they actually made dishwashers, not clothes), you might have a better chance of getting away with it.. but based on the example you gave I'd try and find another name.
so for example if theres already a brand called(remeber this is just a random example, not the one i want to use) tribal apparel...would it be dumb to or illegal to call my band tribal wear or tribal gear???
If you want an official answer you'll need to consult a lawyer, but realistically you'd be wasting your money.
Tribal Apparel/Wear/Gear would be found "confusingly similar", and would be a trademark infringement.
Tribal Apparel vs. Tribal Construction Company bears no relation, and would very likely be fine.
Something to keep in mind is that if you are mentally making the connection, then others will too. It's best to avoid it. Especially so if the existing brand has anything to do with clothing.
That said, naming yourself after the goddess of strength, speed, and victory will get you sued. Every time.