Q: Can I use use the brand name "The Vape Collection" if it's taken for a completely different field or industry?
A: Trademarks protect brands, not copyrights. A trademark protects the use of the brand in the particular industries, or classes, listed on the trademark registration. Here is a resource: https://www.nolo.com/legal-encyclopedia/trademark-classes.html
A: In theory yes, in application I would advise against it. Business names, brand names, copyright, and trademarks are typically evaluated in the same way.
Courts will typically evaluate: (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the it first; and (4) Whether it is registered for trademark protection.
If it is going to be in the same geographical market is an open question. It appears “The Vape Collection” has been trademarked which entitles them to additional protection. When you say a completely different industry how different are we talking about? I presume the original “The Vape Collection” has to do with E-Cigarette’s. If you are selling anything smoking related that will probably be the same industry. If you are introducing a new line of tractors that you wish to call “The Vape Collection” that might be a different enough industry, but if it is in the same geographic market it still may be problematic.
Really what is examined here is the likelihood of confusion to a consumer. If someone could be uncertain of which “The Vape Collection” they are dealing with or the trademark holder decides they don’t want you using their trademarked term you are going to have issues. You might be able to prevail in court if is different and distinctive enough but not without long and costly proceedings.
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.