Asked in Intellectual Property and Trademark

Q: my product trademark same as someone's company name?

I have come up with a brand name for my product, to be sold on Amazon. There is company with the same name, but not a product name, just their company name. (They are an artist showcase website) If I use this name on my product, could they come after me?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Using a brand name that matches someone else's company name can be risky, even if they operate in a different industry. Trademark law aims to prevent confusion among consumers, and using the same name might lead to legal issues if the company believes your product could cause such confusion.

You should consider whether your product and their company operate in completely different markets. If your product and their services are unrelated, there's less risk of consumer confusion, but it's not a guarantee against legal action. The other company might still claim that your use of the name infringes on their trademark rights.

It would be wise to conduct a thorough trademark search and possibly consult with a legal professional to assess the potential risks. This can help you understand your position better and decide whether to proceed with your chosen brand name or consider an alternative to avoid potential legal disputes.

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