Minneapolis, MN asked in Trademark for Minnesota

Q: Can a logo from a free site that we customized be trademarked? Another company used the free site and the same logo....

We customized the logo (colors, and words) and the other company just used the stock logo without customizing it from the free site and are trying to send us a letter in the mail from a lawyer saying we have two months to change our logo. We purchased it and have the rights to use for our business per the websites guidelines. Do they have a case or is it just a letter to scare us? Our logo is completely different colors and has a different company name on it it’s just the same logo design. Thanks

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1 Lawyer Answer
Kathryn Perales
Kathryn Perales
Answered
  • Trademarks Lawyer
  • Oberlin, OH

A: Well, it depends. If this other company has registered a trademark for the logo for the same or similar goods or services that you are using your similar logo for, such that consumers would be confused between the logos, then you've got a problem. On the other hand, if the other company hasn't registered the mark, or maybe they registered it not federally but in a state that is not where your company is, or the goods/services are different, or the logos don't look similar enough to be confusing, then you may be able to ignore the cease and desist.

Best to consult with a trademark lawyer, preferably one versed in the state trademark laws of your state and the state where the other company is out of, so they can also advise you about state trademark laws that may apply.

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