Q: My business name has been trademarked by someone else. I sell clothing, they are a record brand. Can I keep my bus. name
I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.
A: Your business name is not necessarily your trademark. Even if it is, it is not confusingly similar to theirs. So you can still register it as your trademark. Confusingly similar means that consumers would not assume that the clothing you are selling is from them because the record industry is distinct, not related to clothing. However, you would be better off conducting a thorough research to be sure. Hire an attorney if you are not familiar with trademark law.
A: Hi! I understand your apprehension! Your best bet would be to meet with an attorney and have a comprehensive search done. It may turn out that you are fine even if the same name has already been trademarked due to various factors such as category they are trademarked in, etc. But don't give up just yet. :)
Many brands similar or same coexist in the market
You need to consult with an attorney to understand your risks and options.
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