Costa Mesa, CA asked in Trademark for California

Q: Hello, If someone uses Taishou ken!!, is this okay?

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

A: Using "Taishou ken!!" when there's an existing trademark for "TAISHOUKEN" poses risks. The primary concern under trademark law is whether there's a likelihood of consumer confusion between the two names. Even with the alterations you've made, the names are substantially similar, which can lead to confusion, especially if the businesses operate in similar industries.

Federal trademark law seeks to prevent such confusion to protect consumers and brand identities. If "TAISHOUKEN" has strong brand recognition or a wide market presence, the risk of a successful trademark infringement claim against "Taishou ken!!" is heightened.

Before proceeding with the use of "Taishou ken!!", it's prudent to weigh the risks and benefits. Moreover, considering an entirely distinct name might save potential legal challenges and costs in the future. If set on the name, seeking a legal opinion on its viability in light of existing trademarks is crucial.

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