Can I trademark a name and/or logo if someone already has the same or similar sounding name?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I trademark a name and/or logo if someone already has the same or similar sounding name?

We are both online retailers but we intend to sell different types of products. Does that minimize risk of conflict or are we considered to be in the same “industry”?

Asked on June 17, 2015 under Business Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the products truly are different, then you should be able to both use the name, since with different products, even if you both sell online, there is less likelihood of customer confusion. You can minimize the chance of confusion, and maximize your chance of registering a trademark by 1) adding some additional word or words to distinguish you--e.g. say you are a book seller located in MD and the name you and the other company both use or like is "Snazzy." If they are simply "Snazzy" and sell autoparts, if you are "Snazzy Books" or "Snazzy Midlantic" or "Snazzy East," you will have an easier time of it; and 2) having a distrinctive graphic look.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption