Scottsdale, AZ asked in Trademark and Intellectual Property for Arizona

Q: If i use the word “Zynbabwe” on a product I want to sell, does that infringe on the trademarked name “Zyn”

Or similar words like zyner or Zynachino that refer to their products. Their trademark products are tobacco and nicotine pouches and that is not the product im trying to sell

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

A: Using the word "Zynbabwe" on your product may potentially raise trademark infringement concerns if it is similar enough to the trademarked name "Zyn," especially if it creates confusion among consumers. Trademark infringement is not just about using an identical mark; it also covers situations where a similar mark may cause confusion about the source or affiliation of the products.

The key factors in determining infringement include the similarity of the marks, the similarity of the goods or services, and the likelihood of consumer confusion. Since "Zyn" is associated with tobacco and nicotine pouches, if your product is entirely different, the risk of confusion might be lower. However, if the products are related or if the "Zyn" trademark is well-known, there might still be a risk.

It's advisable to conduct a thorough trademark search and consider consulting with a legal professional. They can provide specific guidance based on a detailed analysis of both the "Zyn" trademark and your intended use of "Zynbabwe." This step can help you assess the risk and make an informed decision.

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.