Q: Am I able to use this or is it covered by the other company's trademark? Please refer to the "More information" field
Hello. I'm looking to officially "start" my business and I've noticed that the name appears to be at least partially trademarked. The company using it is Relapse Records and have "Relapse" trademarked. I'm looking to create "Relapse Gaming".
A:
You need to see what classification(s) has the other party registered their mark in with the USPTO. It is possible that your use for "gaming" would not fall in the same class as "records." For example three parties each own the identical mark "DOMINION". This is possible because one is an electric company, another manufactures sugar and the third is a bank. Consumers will not be confused about what company they are dealing with.
Best to work with a local trademark attorney to see whether the goods/services you want to offer would overlap into what the other party has already claimed.
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A: If the trademark in question is registered in a different class/category and would not be considered confusingly similar with your trademark, then it is possible that your use of your mark would not be infringing on that particular mark. However, your search should not end there. There may be similar trademarks in use in the United States that are not registered federally, but nonetheless are being used commercially. It is possible to infringe on a trademark that has not been registered. I recommend you hire an attorney to assist you with this process.
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