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?

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.

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