Can use an existing trademarked name in a slightly different category?

There is a live trademark registered for

Asked on January 4, 2019 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you could likely not do what you describe, if the trademark is actually active and in use: the difference between the services is too slight--you and that other business are in closely related fields, and one could easily imagine, for example, them expanding from providing supplies to also providing cleaning services--so that there would be a potential likelihood of confusionl. When there would be a reasonable likelihood of confusion, there is infringement. While it's certainly possible they would not notice or care, if they did and objected to your name, they would have a more-than reasonable chance of winning.


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