North Bergen, NJ asked in Copyright for New Jersey

Q: If an apparel company is called i.e "New York Spins Fastest", is it legal to start a brand called "Spain Spins Fastest"?

Basically, is it legal to exchange the first word and make a new brand out of it (whether it's Spain, Texas etc)? I was about to make a new brand when it came to my attention that there is already a brand with a very similar name- and it's apparel as well. The original company is trademarked and copyrighted.

Thank you!

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1 Lawyer Answer
Evelyn Suero
Evelyn Suero
  • Intellectual Property Lawyer
  • Miami, FL

A: Using a trademark that is very similar to an existing trademark in the same class/category may be at risk for a claim of trademark infringement and dilution. Moreover, the USPTO may reject the trademark application due to a likelihood of confusion with a registered trademark. Consult with a trademark attorney.

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