common name spyware
How similiar is too similiar when it comes to business names?

Hi, I am looking to startup a new business that designs and builds custom PC’s, and I am fond of the term “ware” as it’s a common word in the PC industry, ie. softWARE, hardWARE, Adware, spyWARE, etc.
My question is, if I name my business something like “LightningWare” or “PowerWare” (those are just made up examples) am I likely to run into any legal issues, since another major custom PC manufacturer out there is named “AlienWare” ?
Since “Ware” is such a common term in the PC industry, I’m hoping it wouldn’t be an issue. What do you think?

“Too similar” — from a legal standpoint — is when the name is “confusingly similar” to that of a competitor. If your name confuses as little as 5% of potential customers, you could be held liable for lost profits if the owner of the “senior” registered trademark sues you.

The name “ware” is generic, and you won’t get into any trouble as long as your name isn’t “confusingly similar” to that of another.

Good luck.

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