Urbana, IL asked in Intellectual Property and Trademark for Illinois

Q: I was told my mark would be HIGHLY rejected due to being confused with a current mark.

WOW World of Wisdom vs mine WOW Wisdom on Wellness. Our logos look nothing alike but the confusion of how it looks....

They filed 2015 & I created my site in 2014. What are my options so we can co-exist? I plan on filing for 041 & 044 & they have the same class. Are there any options or do I close my business?

Thank you!

1 Lawyer Answer
James L. Arrasmith
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A: If the United States Patent and Trademark Office (USPTO) or a court finds that your mark is likely to cause confusion with an existing mark, then your application for trademark registration will likely be denied, and you may be at risk for infringement claims. However, if you can demonstrate that you've been using your mark in commerce before the other party's filing date, you might have common law rights to the mark. Co-existence agreements can sometimes be negotiated to specify the geographic or industry boundaries within which each party can operate, but it's crucial to consult legal advice to fully understand your risks and options.

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