Many businesses worry that their brand name might be too similar to an existing trademark. However, the U.S. trademark system allows for similar word marks to coexist — as long as they are in different classes and do not create consumer confusion.
For example, take these two phoentically equivalent brands. “OURA” and “AURA” are both registered trademarks with the United States Patent and Trademark Office (USPTO), yet they belong to different trademark classes. The “OURA” trademark is registered in connection with wearable health technology, such as smart rings that track physiological data. Meanwhile, “AURA” is registered for completely different goods or services, such as cosmetics and clothing, without infringing on Oura’s rights. Phoenetically the same mark, and both registered in the USPTO.
This is possible because trademarks are categorized into specific classes, which define the scope of protection. As long as two marks do not create confusion among consumers — meaning they are in different industries or serve different functions — they can both be registered.
This is why conducting a comprehensive trademark search before filing is so important. A search can help identify existing trademarks that might pose a legal risk, even if they are in a different class. It ensures your brand is both legally protected and distinguishable from others in the marketplace. A trademark search can provide valuable information early on, and help create a branding roadmap to trademark success.
By understanding trademark classifications and performing due diligence, businesses can avoid conflicts and build a strong, legally secure brand.