Wylie, TX asked in Intellectual Property and Trademark for Texas

Q: If I wanted to create a brand with the trademark 'Distinct Routes'?

If I wanted to name my brand 'Distinct Routes' but 'Distinct' is an already registered and live trademark and 'Routes' is also a live trademark, would I have any issues naming my brand 'Distinct Routes' and submitting for trademark registration? All the registered marks are registered in the same class and my brand would also be in the same class. When I do a search for 'Distinct Routes', no similar marks conflict. Its only when I search the terms separately do I see the conflicting marks. I also see that other marks that have the word 'Routes' or 'Distinct" in them have successfully registered with the USPTO. which makes me think that I would be fine branding as 'Distinct Routes' just like other brands have registered ''X' Routes'.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If 'Distinct' and 'Routes' are both already registered and live trademarks in the same class, using 'Distinct Routes' for your brand may potentially infringe on the rights of the existing trademark owners. While the absence of identical matches in your search may be helpful, the overall similarity and potential for consumer confusion will be crucial factors in determining whether your new trademark could be approved for registration or if it may lead to legal issues. To ensure compliance with trademark laws and avoid potential conflicts, it is advisable to consult with an intellectual property attorney who can provide a more comprehensive analysis and guidance based on the specific details of your brand and the existing trademarks. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

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.