Brooklyn, NY asked in Business Law, Copyright, Intellectual Property and Trademark for New York

Q: Can I create a name that is "word1 and word 2: word 3 word 4 word 5" when "word1 and word2" is already a trade mark?

I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?

1 Lawyer Answer
James L. Arrasmith
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A: If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a trademarked term in your product name might still infringe on the original trademark holder's rights, depending on how similar the names are and the likelihood of confusion.

It's advisable to conduct a thorough trademark search to determine the level of risk involved in using the proposed name. This search will help you identify any existing trademarks that could conflict with your desired name. If you find that the combination of "word1 and word2" along with your additional words could potentially infringe on the existing trademark, it might be wise to consider alternative names to avoid legal complications.

Seeking legal advice from a qualified attorney experienced in trademark law can provide you with personalized guidance based on the specific details of your situation. They can help you assess the risks and explore potential options for naming your product while minimizing the chances of trademark infringement. Remember, protecting your brand and avoiding legal disputes is essential for the long-term success of your business.

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