Discussion:
What is the name of your state? California
I'm looking at starting a site with clothes designed for stay at home moms. I want to name it SAHMClothes (not the real name, but very close), but there is already a site for work at home moms that is WAHM Clothes, and they put a TM by their name. I cannot find it in uspto.gov, however.
My designs are not something that would be mistaken for theirs, as theirs are fairly plain, while I want to focus more on humor.
I just want to make sure I'm not asking for trouble.
Answer:
What is the name of your state? California
I want to focus more on humor.
TOP 10 Humorous Slogans For Your "Mother's Stay-At-Home" Clothing Line - -
NUMBER 10: "I'm not pregnant. I'm a fat pig!"
NUMBER 9: "I'm widowed, and living on Social Security. Oh, like you've never killed anybody!"
NUMBER 8: "I'm only staying home so I can get laid."
NUMBER 7: "Don't like it that I'm on Welfare? You can all bite me"
NUMBER 6: "Hey kids, my cooking is almost as safe as smoking crack!"
NUMBER 5: "I'll spread wide open for $10.00"
NUMBER 4: "I'll do it with the dog for $20.00"
NUMBER 3: "I'll do it with you for $500.00"
NUMBER 2: ""Army of One" replaced by "Hope You Like Scrubbing the Floor"
AND NOW, the NUMBER ONE Humorous Slogan For Your "Mother's Stay-At-Home" Clothing Line - -

"Reach out and touch yourself"
IAAL
Answer:
Charming.
Any non deliberately offensive answers?
Answer:
What is the name of your state? California
I'm looking at starting a site with clothes designed for stay at home moms. I want to name it SAHMClothes (not the real name, but very close), but there is already a site for work at home moms that is WAHM Clothes, and they put a TM by their name. I cannot find it in uspto.gov, however.
My designs are not something that would be mistaken for theirs, as theirs are fairly plain, while I want to focus more on humor.
I just want to make sure I'm not asking for trouble. You don't have to have your trademark registered with the USPTO to have trademark protections, and the use of the "TM" symbol simply means that they are claiming trademark rights in the name and/or logo.
Trademark infringement is based on a "likelihood of confusion" test. Some of the factors that a court will use to determine whether confusion is likely to exist include the similarity of the customer base, similarity of the products and service, similarity of the names and logos, etc. Simply put, there isn't any way, given the info you've given, to determine whether or not your site is "too close" to the other site. The question is further complicated by the fact that the other party is apparently claiming common-law trademark rights instead of having a registered trademark -- this brings up all sorts of questions as to the geographic scope of their trademark protection, along with other issues.
The only way to really get a clear answer to the question of whether your name is "too close" is to sit down with a local attorney who has experience in trademarks, and who can review all of the relevant facts of your case, and advise you accordingly.