My business name is similar to existing trademark - different industry, am I safe?

I'm launching a fitness app called "Summit Wellness" and just discovered there's a registered trademark for "Summit Wellness Center" - but it's a physical medical clinic in Ohio. They registered the trademark in 2019.

My app is completely different - it's a digital fitness tracker with meal planning. We're not in the medical space at all, and we're based in Colorado.

Should I be worried about trademark infringement? Do I need to change my name before we launch next month?

This is a classic trademark "likelihood of confusion" analysis. The key factors are:

• Similarity of marks: "Summit Wellness" vs "Summit Wellness Center" are very similar
• Similarity of goods/services: This is where you might have some distance
• Channels of trade: Digital app vs physical clinic
• Sophistication of consumers: Would customers confuse the two?

What trademark class did they register in? You can look this up on the USPTO website (TESS database).

Just checked USPTO. They're registered in Class 44 for "Medical clinic services" and Class 35 for "Health care services in the nature of a membership organization providing health and wellness programs."

My app would be Class 9 (software) and Class 41 (fitness instruction services), I think?

Here's the problem: "wellness programs" in Class 35 could potentially cover fitness apps. Even though they registered it for membership organization services, the scope might be broad enough to conflict with your use.

Also, even if the trademark classes are different, you can still have infringement if there's likelihood of confusion in the marketplace. Courts look beyond just the USPTO classes.

The fact that "wellness" appears in both names and both relate to health/fitness is concerning.

I'd change the name. Even if you're technically in the right, do you want to risk a cease and desist letter after you've spent $50k on branding and marketing?

Better to pivot now while you're pre-launch than to rebrand after you have users, press coverage, and momentum.

That's what I'm afraid of. We've already got the LLC registered in Colorado as "Summit Wellness Inc" and bought the domain summitwellness.app. Changing now would be painful but not impossible.

Should I reach out to them and see if they care? Or would that just invite trouble?

DO NOT reach out to them without talking to a trademark attorney first. If you contact them, you're essentially putting them on notice that you know about their mark, which can strengthen their case if they later sue you.

Here's what you should do:

1. Get a professional trademark clearance search (costs $500-$1,500)
2. Have a trademark attorney give you a risk assessment
3. Based on that, decide whether to proceed, modify the name, or pivot completely

Don't make this decision based on Reddit advice (or forum advice).

I ignored a similar warning and got sued 8 months after launch. Spent $40k in legal fees, had to rebrand completely, lost half our user base in the transition. It was a nightmare.

The trademark owner didn't even care until we got some press coverage and they saw we were getting traction. Then they came after us hard.

Change the name NOW while it's cheap.

OK, you've convinced me. What's the fastest way to find a trademark attorney? And what should I be asking them?

Look for attorneys who are registered to practice before the USPTO (they'll have a registration number). You can find them through:

• USPTO attorney search database
• Your local bar association referral service
• Recommendations from other founders in your network

Questions to ask:

• What's your assessment of the likelihood of confusion?
• Should I modify the name or change it completely?
• If I proceed as-is, what's my realistic risk?
• Can you do a comprehensive clearance search?

Most will do a free 15-30 minute consult.

While you're figuring this out, start brainstorming alternatives. Here's a quick framework:

• Keep "Summit" but change "Wellness" → Summit Fit, Summit Health, Summit Active
• Keep the concept but change both words → Peak Vitality, Ascend Health
• Go completely different direction

Run trademark searches on any alternates before falling in love with them. TESS database is free and easy to search.

Update: Spoke with a trademark attorney yesterday. She said the risk is moderate to high - not a slam dunk infringement case, but enough risk that she wouldn't recommend proceeding.

We're pivoting to "Peak Performance" which cleared the trademark search. Lost the .app domain but got .io which is fine for now.

Painful but glad we caught this before launch. Thanks for the reality check, everyone.