Q: Do I need to defend my trademark against products of a different class?
I have a trademark, un-stylized, for a name for my product. I have seen others use the name for their product in unrelated items (mine is clothing accessories, theirs is fabric-related, but not clothing). Do I need to send a cease and desist and/or name licensing agreement to defend my trademark?
A: Perhaps. The questions is whether a likelihood of confusion exists. The analysis starts here.
A: Your protection from infringement only extends to the class(es) you claimed and in fact use the mark in connection therewith. The test is whether a consumer would be confused as to the source of the goods/services being offered under the mark. For example, the mark "Dominion" is used by a bank, electric company and producer of sugar. Consumers of those goods/services are not confused despite the fact that the mark is identical. In your case, unless there is a good chance for consumer confusion, you would have no claim of infringement. However, if you still have concerns, speak with an attorney.
A: It is your responsibility as a trademark owner to police your trademark. If there is a mark in use that is confusingly similar to your mark, you may have a case for infringement. It is possible that while the marks are being used in different classes, the use is sufficiently related (fabric is used in clothing) to cause confusion as to the source of the goods.
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.
