Austin, TX asked in Business Law and Trademark for Texas

Q: If I'm trying to trademark "Recreation Beer Company" can I if there's someone named "Recreation Point Brewing Company"?

I know that they're in the same industry, but the names are relatively different and it's unlikely that the markets would ever interfere with one another. Thank you for your help

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1 Lawyer Answer
Answered
  • Trademarks Lawyer
  • Dallas, TX
  • Licensed in Texas

A: This is a close call. It seems reasonably likely that you will have trouble registering the mark, especially if the other company began using the mark first. That fact that your business operates in a different location does not increase your chances of registering the mark because federal trademark registration is nationwide. If you decide to file a trademark application with the USPTO, a trademark attorney can help draft the application so that you have the best chance of success. You may consider registering the mark in the Texas state trademark database. If the other company is not doing business in Texas, you should have an easier time getting the application through the Texas trademark registration process. Although the scope of protection from a Texas registration is smaller, it can help build your trademark rights.

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