Chicago, IL asked in Intellectual Property and Trademark for Arizona

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.

1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Trademarks Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: 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 confusion, etc. Other factors include the channels of commerce in which the products are sold (e.g. one sold retail, the other sold wholesale), the care with which purchasing decisions of the product are made by the consumer (e.g. something they buy off the impulse rack at the store vs. buying a car), and the geographic area. Then you have to analyze registrations, the date of first use of each party, etc.

With your example, it's hard to speculate on just how similar the products actually are, but there is certainly a chance of confusion. Understand that this is an area with no yes/no answer, only degrees of certainty, and if a trademark holder decides that they believe there is a likelihood of confusion, they may well take action, and then no amount of advanced speculation is going to save you from having to hash out or litigate the dispute.

NOTE: Because every legal matter is different, and cannot be addressed in the generalized content of a web site, you should not rely upon the information provided herein as legal advice, nor should you construe anything herein to be an offer to represent you. Legal advice can only come from a qualified attorney after having had an opportunity to become familiar with all of the specific facts and circumstances of a particular legal matter, and to apply or research the relevant law.

1 user found this answer helpful

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.