start up business trademarking name and logo in WA state

Trademark ?: I would like to start my own skateboard/snowboard brand of clothing and equipment. I would like to trademark the name/logo, but there is a european brand with the same name but a totally different type of clothing and different logo. Will this be a problem? - Is this your question? Add additional information
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Answers (3)

J Patrick Diener

J Patrick Diener

Contributor Level 4
It depends on whether the other brand sells its product in the place where you are planning to sell yours, and on whether the other company has already registered their name and logo with the state or with the United States Patent and Trademark Office. If they don't sell in the same area you plan to, then it shouldn't be a problem, unless they have registered their trademarks already. If they have already registered, then you'll have to come up with a different name and/or logo.

Even if they sell in your area, or are registered, the question will become whether consumers would reasonably be expected to understand that you are not the same entity. It sounds to me like there might be some issues here.

If you're going to start up a brand new line of clothing and equipment, you should definitely consider retaining a business and/or trademark attorney to help you get started and iron out the legalities.*

*This answer is not intended as legal advice but merely general legal information. This answer is not intended to create an attorney-client relationship, and no such relationship has been formed as a result of this communication.
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Gerry J. Elman

Gerry J. Elman

Contributor Level 4
Patrick Diener has done a good job of identifying the issues you should consider.

To expand on what he touched on: there are circumstances where a trademark could properly be used in the Europe for a particular kind of product by Company A, and in the USA for a similar product by an unrelated Company B . But if, before Company B starts doing so, Company A is selling its product in the USA or files a US trademark application, or claims priority back to a foreign trademark application, then Company A will be able to trump Company B and preempt the trademark.

Now if the products are different, and are sold through different channels of commerce, then it becomes more likely that the products could coexist with similar trademarks. Whether the "totally different type of clothing" marketed by the European company would be sold at a sporting goods store would be an important consideration.

The literal answer to your question is YES, it will be a problem. Whether the problem is readily solvable without changing your proposed trademark depends on the specific facts.
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Mario Sergio Golab

Mario Sergio Golab

Contributor Level 5
check trademark availability at www.uspto.gov. If available in the class you need, then you may register it.
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