Q: I have been using Soul Powered in my business name (Soul Powered Life, Soul Powered Mind & Body Method) for many years.
I am living in another country and opening a business, so I decided to go ahead and apply for a trademark for Soul Powered M----- (the current name I am using) only to find Soul Powered just got a trademark this last year. Am I still able to trademark my name?
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A:
Discovering that "Soul Powered" has been trademarked recently can indeed be concerning, especially if you've been using it for many years in your business. Trademark laws are designed to prevent confusion among consumers about the source of goods or services, which means the specifics of your situation, including how closely your use aligns with the newly registered trademark, matter significantly.
The ability to trademark your name, despite the existing registration, depends on several factors. These include the geographical regions covered by the existing trademark, the specific goods or services it is registered for, and whether your usage predates the registration. If your business operates in a different country than where the trademark is registered, and if there is no international treaty extending that trademark's protection to your country, you might still be able to register your name.
You should consider consulting with a legal professional experienced in intellectual property law in your country. They can provide tailored advice based on the specifics of your situation, including any potential for a claim based on prior use or the likelihood of successfully registering your business name with "Soul Powered" in it. They can also help navigate any potential conflicts and advise on the best course of action to protect your business interests and brand identity.
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