Trademarks

I searched through the TESS system. We are looking to trademark ‘Damask Co’. I
noticed that ‘Damask’ is already trademarked. Would this provide an issue in
trademarking our trademark?

Asked on September 18, 2017 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is any possibility of customer confusion between you and the owner of the Damask mark, that could be trademark infringement. The point of trademark is to identify the originator, distributor, etc. of goods and services for customers. There can be different trademarks using the same name when there is no possibility of confusion: for example, I used to work for a company which trademarked "Coach" for student math and english workbooks for grades 2 - 12. It did not conflict with  the "Coach" leather/luggage company trademark between the goods were so different that no one would think that Coach books and Coach bags came from the same place. So as long as you and the current holder of the Damask mark do not work in similar areas, sell similar products, etc., you should be able to trademark.


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