What can i do if someone is has a very similar, almost the same brand name to mine? I have it trademarked and they don't.

Asked 11 months ago - Van Nuys, CA

I recently found a brand that has a very similar name, almost the same as my company and provides the same goods as mine. I have already trademarked my company name and this other brand is NOT trademarked. what actions can i take?

Attorney answers (7)

  1. Jeffrey S. Marlink

    Contributor Level 12

    11

    Lawyers agree

    Answered . You have an options that you can take which include sending a cease-and-desist letter to the other company and filing a lawsuit against the other company for trademark infringement.

    What you should do is meet with a trademark attorney and discuss your situation in private with the attorney. The attorney will be able to give you an idea as to whether the courts would find a likelihood of confusion between the two marks. In addition, the attorney will be able to do the research to determine who used its mark first and therefore has priority to use.

    Registering a trademark with the USPTO (which is what I am assuming you mean by 'trademarked') only prevents others from adopting marks within the U.S that present a likelihood of confusion after registration of the mark. Companies already using a mark that presents a likelihood of confusion may continue to use their marks in the geographical areas where the companies were using the mark prior to registration.

    Answering of your question is merely general advice and does not constitute legal advice. None of the statements... more
  2. James Scott Anderson

    Contributor Level 12

    7

    Lawyers agree

    Answered . In order to protect the value of your trademark, you should hire a lawyer and send a letter demanding that the other company stop using the similar mark because it is confusing. There are many factors consider when evaluating the potential for confusion. For example, if the other company started using their mark first (before your use started), regardless of registration, that company might have some common-law trademark rights in the name.

    This comment is NOT LEGAL ADVICE and is posted for informational purposes only. I am not your attorney; you are... more
  3. Kelly Weiner

    Contributor Level 4

    5

    Lawyers agree

    Answered . Before jumping to a cease and desist letter, you may want to look into whether the other company has prior rights in the brand. An attorney can help you with this analysis.

  4. Sagar P. Parikh

    Contributor Level 19

    3

    Lawyers agree

    Answered . You can have an attorney send a cease and desist letter.

    SP@BeverlyHillsLawCorp.com
    323-703-3581

  5. Michael Charles Doland

    Contributor Level 20

    3

    Lawyers agree

    Answered . With your other posting, five very good answers.
    Good luck.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  6. Jon Kenneth Perala

    Contributor Level 11

    1

    Lawyer agrees

    Answered . I agree with attorney Weiner. If the other company was using the mark prior to your own use of the mark (or before you filed a Sec. 1(b), intent-to-use application for the mark), they, not
    you, may have superior rights, even if you have registered the mark and they haven't.

  7. Bruce E. Burdick

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is only one action you can prudently take. See a trademark litigation attorney immediately. Do not try to play amateur lawyer or you may be headed for an expensive lesson in trademark litigation strategy.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

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