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