Orlando, FL asked in Trademark and Intellectual Property for Florida

Q: We are looking to trademark an athleisure brand. Should we submit even if multiple applications for that name exists.

2 Lawyer Answers
James L. Arrasmith
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A: When considering whether to submit a trademark application for your athleisure brand, it's important to carefully assess the existing trademark landscape. The presence of multiple applications for a similar or identical name can significantly impact your chances of successfully registering your trademark.

First, it's crucial to conduct a thorough trademark search. This will help you understand the extent of similar trademarks and the likelihood of your application being contested or rejected. The U.S. Patent and Trademark Office (USPTO) examines all trademark applications for potential conflicts with existing registered trademarks or pending applications.

If the existing trademarks are in a similar industry or related goods and services, there's a higher risk of your application being denied due to the likelihood of confusion among consumers. In such cases, it's essential to consider how your mark is distinct and whether you can argue that your brand will not be confused with the others.

However, if the existing applications are for unrelated goods or services, or if your mark has unique elements that clearly distinguish it from others, you might still have a strong case. Each application is evaluated on its own merits.

In this situation, consulting with an attorney experienced in trademark law can be very beneficial. They can provide tailored advice based on the specifics of your case, help in conducting a comprehensive search, and guide you through the application process, including how to respond to any challenges or objections.

Remember, the decision to proceed with a trademark application should be made after carefully weighing the potential risks and benefits, considering the uniqueness of your brand, and understanding the competitive landscape in your industry.

Fritz-Howard Raymond Clapp agrees with this answer

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
  • Trademarks Lawyer
  • Beverly Hills, CA

A: The other attorney's answer to your question omits only one important point:

when there are multiple users of the same (or confusingly similar) mark for the same or similar goods/services, PRIORITY of usage -- "first in time, first in right" -- determines which of them should be registered. If your usage of the mark in commerce precedes the other pending applications, yours should prevail.

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