Apple got a trademark because it’s not used to trademark fruit, it’s used to trademark technology.
Same here, “Surface” isn’t being used to describe a physical surface, it’s being used in both cases to describe technology that facilitates collaboration, creativity, productivity, etc.
Imagine this out of context: “Log into Surface and enhance your creativity by collaborating live with others on your team through brainstorming, organizing and improving workflows.”
In pretty detailed terms you could describe both the Microsoft Surface and the Clover Surface products. Even if one is a physical product and the other digital, it’s very confusing.
I don’t think Microsoft trademarked it, but it’s still a little too close for my comfort as well as like you said there’s no telling what the Microsoft lawyers will argue if motivated enough.
https://www.clover.com/
https://www.cloverfoodlab.com/
https://www.clover.co/
https://www.cloverhealth.com/
When I hear “Clover”, I think payment processing and health care. Apparently it’s also a dating app and a food service.
In a crowded namespace you might want to consider using a descriptive term like “Clover Notes” in your branding so people can find you better and mentally separate you from the other Clover companies out there.
Also, when I hear “Surface”, I think of the Microsoft laptop. They position “Surface” as a tool for creativity, productivity, efficiency, etc., much like you do. Are you sure you’re in the clear to use that term?
“Use Surface as a whiteboard for better brainstorming, enhanced memory, intuitive organization, and workflows you simply can’t do elsewhere”, seems like a statement that would easily apply to the Surface laptop.