Lawyers, Answer Questions  & Get Points Log In
Arizona Trademark Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Arizona on
Q: If I named my company Vive and another company named Revive(TM) makes similar products would this be a TM issue?

Both companies make fitness products.

Michael Gerity
Michael Gerity
answered on Jul 28, 2017

The most important issue, though not the only one, is whether there is or is not a reasonable likelihood of confusion with the relevant consumer market. Thus, in general, the more similar the names, the higher the likelihood of confusion, the more similar the products, the higher likelihood of... Read more »

1 Answer | Asked in Business Formation and Trademark for Arizona on
Q: Can my LLC have the same name as a trademarked name? It is in an entirely different industry and geographical location
Michael Gerity
Michael Gerity
answered on Jul 21, 2017

There are a lot of variables here that you have not provided, so understand that this answer is making some general comments that may not apply to your exact circumstance. So, in basic terms, multiple businesses can use the exact same name/trademark without conflict so long as there is not a... Read more »

1 Answer | Asked in Trademark for Arizona on
Q: Similar Business Names (Trademark)

I purchased a domain name but didnt think to search if there was already an established business.

When I went to trademark the business name there is already a company with a similar name, same sort of industry but we offer different services.

Lets say I registered -Rotten Tomato-... Read more »

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

The answer to this question involves looking more closely at the specifics of your situation. A trademark lawyer can review and assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal...
Read more »

1 Answer | Asked in Trademark for Arizona on
Q: Trademarking Colors

If a competitior has their goods trademarked as a certain shade of blue and our goods is a different shade of blue, would that be considered infringment of their trademark? for example their product is orange and teal blue and ours is orange and royal blue. We currently do not have a trademark to... Read more »

Adam Studnicki
Adam Studnicki
answered on Aug 10, 2015

Generally speaking, colors can be trademarked. Also, general speaking, whether a trademark is infringing depends on whether there is a likelihood of confusion, and that's a fact-specific analysis. A lot more information is needed to determine whether your mark would potentially infringe on... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.