Colorado Springs, CO asked in Intellectual Property for Colorado

Q: Can I use a trademarked business name for my business if we are in an unrelated service and have separate logos, colors?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: You may want to contact an attorney to review the specifics of your case. Trademark infringement is a fact and circumstances test, thus there is no hard rule of what is or is not infringement. That said, you are correct that for standard trademarks differences in all but the name (especially if it is NOT a created word) is probably not infringement (the test is "likelihood of confusion to the average consumer"). The rules are slightly different for "famous" trademarks (think: Walmart, Amazon, etc.). A warning, some trademark holder aggressively police their marks (and often overstep). I have dealt with cases where Target (Dayton-Hudson) has sent cease and desist letters over the use of a bulls eye (it is meritless, but they send the letters regardless). Again, contact an attorney.

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