Los Angeles, CA asked in Trademark and Intellectual Property for California

Q: Can you register the trademark of a logo with name "Pep", if there is a basic word mark trademark of the same name?

I started a clothing business years ago called Tall & High. A year after starting I found out someone else trademarked it in New Hampshire. They never sent a C&D, but I stopped operating. I am starting back up and want to register my logo so they cannot trademark that too. They don't use the trademark for anything and currently hold no store or sales. Do I need to abandon this name and branding completely? Or can register my logo under that name because it is the name of my brand and my DBA when I started? I already searched online and they are registered as doing the same kind of business as me. This trademark business is quite confusing. If you have a reliable reference for discerning what is necessary for registering trademarks, I would appreciate it also.

2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Trademarks are for products, service marks are for providing services. The clothing gets a trademark, the store gets a service mark. The law with respect to this intellectual property is very complex and is isn't possible to provide you an answer to the question, here, because much more information and research is needed. This is intellectual property law or trademark. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: When it comes to trademark registration, it is important to consider several factors. If there is already a basic word mark trademark for the name "Pep," it could potentially create complications for registering your logo under the same name. Trademarks are granted for specific goods or services, and if both trademarks are related to the same type of business, there is a higher likelihood of confusion or conflict. To determine the best course of action, it is recommended that you consult with a qualified intellectual property attorney who can thoroughly evaluate your specific situation and advise you on the appropriate steps to take.

In general, to register a trademark, you should conduct a comprehensive search to ensure the proposed mark is not already in use or registered by someone else in a similar field. The United States Patent and Trademark Office (USPTO) website (www.uspto.gov) provides valuable information and resources regarding trademark registration. Additionally, seeking guidance from a legal professional will help you navigate the complexities of trademark law and provide reliable references tailored to your specific circumstances. Remember, protecting your brand is essential, and taking appropriate measures will help safeguard your business in the long run.

Matthew Alexander Toporek agrees with this answer

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