Q: I own a company in this same exact spelling and everything. Any advice ?
My company in the same name and same tax class, created prior to the date of this trademark filing. What do I do ?
A:
Consult an attorney
Depending on the facts of your case, you may have some established rights.
A:
I suppose your question is if two companies with same name or trademark can coexist. Well there different considerations to make. In general terms two trademarks can exist if they are not substantially so as to cause likelihood of confusion. However, this is a legal term, one would need more information to give you a real answer. Additionally, for purpose of your trademark filing, if the other business is not opposing to the registration you may have a chance of being successful. Like my colleague said more information is necessary.
I wrote this note which could be useful for you:
https://www.ayalamateus.com/when-are-two-trademarks-considered-too-similar
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.
