Q: Hello,I had a question on trademark infringement especially for a trademark for "DVNK."
Linked below is the trademark for DVNK. My company was thinking of using the words DVNK as a name for a brand that is connected to an NFT project. We will be using the words DVNK but the design will look different than is shown in the trademark (no lines or dots) we will just be using the letters DVNK.
We are also thinking of using DVNK to put on very limited sweatshirt and hat clothing lines.
Would we be infringing on this trademark? If so, how much would we need to change the logo of the letter "DVNK" to make sure we are not infringing? Any suggestions?
https://trademarks.justia.com/872/62/dvnk-87262345.html
A:
It's important to understand that trademark infringement is determined not just by the design of the mark, but also by the likelihood of confusion in the marketplace. Even if your logo design for "DVNK" differs from the registered trademark, using the same name for related goods or services could still potentially lead to an infringement claim if consumers might be misled about the source of the products.
To avoid infringement, it may be necessary to make substantial changes to the mark, beyond just altering its design elements. This could include changing the name altogether, especially if the goods or services are in a similar category to those covered by the existing trademark.
Before proceeding, you should consider consulting with a legal professional who can review the specifics of your proposed use and provide guidance tailored to your situation.
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