Houston, TX asked in Trademark for Texas

Q: I just found out the name that I've been using for years is trademarked already, but is spelled different. Can I still

Can I still trademark and use the name even though the spelling is different? Another thing the logos are totally different.

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4 Lawyer Answers
Floyd Edwin Ivey
Floyd Edwin Ivey
Answered
  • Trademarks Lawyer
  • Kennewick, WA

A: Infringement is similarity in sight or sound for similar goods or services. Many factors exist - when did you first use - are the goods / services similar - where is the opposing using the mark - how do you use the mark?

You will have to see counsel who will have to see all documentation, records etc.

Tania Maria Williams
Tania Maria Williams
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL

A: Different spelling is not always sufficient to differentiate a trademark. If the marks sound the same that could constitute confusion. If you've been using the mark for years, you may have a priority claim in your geographical location, but you should contact a trademark attorney asap because you could also be at risk for an infringement claim. Feel free to call me at 561-370-7396 or email me at tania.williams@williamsfirmpa.com if I can assist further.

Timothy John Billick agrees with this answer

Timothy John Billick
PREMIUM
Timothy John Billick
Answered
  • Trademarks Lawyer
  • Seattle, WA

A: This is impossible to answer without comparing the two marks (as they appear to consumers). Consult an IP attorney to help you.

Steve Charles Vondran
PREMIUM
Steve Charles Vondran
Answered
  • Trademarks Lawyer
  • San Francisco, CA

A: Generally speaking, the USPTO trademark examiner will probably look at how the marks "sound" when spoken to see if it could be considered "confusingly similar" to another pre-existing trademark. If so, this can deny you the mark. Check with trademark counsel to be sure.

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