New York, NY asked in Trademark for New York

Q: I have a startup and let the trademark name lapse and expire.

A big company is using a similar name recently that sounds the same but a different spelling. They’re in a different industry and I’m launching an app with the name. Is that going to be a problem?

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1 Lawyer Answer

A: Dear Mr or Mrs,

this situation can be approached in several different ways, however I would need to know the differences between marks/names/segments first, to answer you. Sometimes you may think there is a difference in an indrustries of trademark owner and the other party but the reality is, that it can still infringe the trademark owner. It really depends on pertinent case, so unless I see the case, I am not able to provide sufficient advice.

You can contact me on my email if you want.

Anyway I wish you a really good and successful start with your app.

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