Why Some Similar Trademarks Get Approved (and Others Don’t): Making Sense of “Likelihood of Confusion”

You’ve probably seen it before: two brands using similar words or vibes, both happily registered with the USPTO — while your own application hits a brick wall with a Likelihood of Confusion refusal.

Cue the head tilt and the “Wait, but what about them?!” moment.

Let’s demystify this once and for all.

What “Likelihood of Confusion” Really Means

When the USPTO examines your trademark, one of the main things they look at is whether consumers are likely to be confused between your mark and an existing one.

In plain English: would someone who sees your brand name think it’s connected to, sponsored by, or the same as another brand already out there?

The keyword here is “likely.” The USPTO doesn’t need proof that anyone was confused — just that confusion could reasonably happen.

It’s Not Just About the Words

Most people think, “Well, my name isn’t identical — it’s fine.”

But that’s not how this works.

The USPTO looks at the overall commercial impression, which includes:

• Sound: Do they sound similar when spoken aloud?
• Appearance: Do they look similar visually?
• Meaning: Do they convey a similar idea or concept?
• Impression: Would an average person seeing both think they’re related brands?

Example:
👉 “Bloom Studio” and “Bloom Collective” — both creative-sounding names, often used in design, photography, or brand strategy. They share the same dominant word (“Bloom”) and similar meanings.
Someone searching for one could easily think it’s an extension or rebrand of the other = likely confusion.

Now compare that to:
👉 “Bloom Studio” and “Bloom Candle Co.” — different industries, different audiences, different vibe. A consumer buying candles isn’t likely to assume the design studio made them.

The “Class” Myth

A huge misconception: “We’re in a different class, so we’re safe.”

Not always.

Trademark classes help organize types of goods and services, but the USPTO doesn’t stop there. They look at whether the actual goods/services are related.

For instance:

• “RAVEN” wine and “RAVEN” bars could be too close — both exist in the same “drinking experience” space.
• But “RAVEN” yoga studios and “RAVEN” dog food? Probably fine.

Same word, but totally different consumers and industries.

Why Some “Similar” Marks Both Got Registered

Sometimes two marks that seem close coexist because of nuanced differences, such as:

• Different industries: “LOTUS” for software vs. “LOTUS” for yoga mats.
• Different audiences: “HONEY BEE” for baby clothing vs. “HONEY BEE” for cleaning supplies.
• Distinct designs or pairings: A logo or extra word can change the overall impression (“APPLE RECORDS” vs. “APPLE COMPUTERS”).
• Coexistence agreements: Two companies can formally agree their brands won’t be confused, and the USPTO may honor that.

What the USPTO Actually Considers (The Simplified “DuPont Factors”)

There are 13 official factors the USPTO can look at, but the most important ones boil down to:

1. Similarity of the marks: How they look, sound, and feel.
2. Similarity of the goods/services: Are they sold in the same spaces or to the same customers?
3. Fame of the prior mark: Well-known marks get stronger protection.
4. Actual confusion: Have people already mixed them up?
5. Trade channels: Are they marketed or sold in the same places?

Most refusals come down to the first two.

Why “But They Got Approved!” Isn’t a Winning Argument

It’s tempting to say, “But there’s another similar mark that got approved!”

Here’s the secret: trademark examination isn’t one-size-fits-all. It’s context-driven and a little subjective.

Different outcomes can happen because of:

• Who the examiner is
• The wording of the goods/services description
• How the applicant presented evidence
• Or even minor distinctions between industries

That’s why two “Bloom” names might both register — if they’re clearly serving unrelated audiences.

How to Reduce the Risk

Before you file your application:

1. Run a comprehensive search. Pro tip: a trademark lawyer understands how to run a much deeper search (and actually analyze the results).
2. Look beyond identical names. Include variations, plural forms, and synonyms.
3. Refine your description. Narrowing your goods/services can create space between you and others.
4. Add distinctive elements. The more creative and unique, the better.
5. Get a clearance opinion. A trademark lawyer can assess your risk before you pay the filing fee.

The Bottom Line

The USPTO isn’t out to crush your brand dreams — it’s protecting consumers from being confused.

So while it feels unfair that “Bloom Studio” and “Bloom Candle Co.” can coexist but “Bloom Studio” and “Bloom Collective” can’t, it all comes down to how the public perceives the connection.

If your brand name is truly distinctive and clear about what you do, your chances go way up.

Want to know if your name is legally safe to use and register?
Grab my free Trademark Essentials Guide — it breaks down exactly what makes a strong, registerable brand name.