Asked in Trademark for New York

Q: Trademark My trademark is being opposed by a large company, because our names are similar. Thoughts ?

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: Dealing with a trademark opposition from a large company can be challenging, but there are steps you can take to address the situation. First, review the specifics of the opposition notice to understand their claims fully. It's important to assess whether the similarity between your trademark and theirs is likely to cause confusion among consumers.

Next, gather evidence to support your case. This might include showing how your trademark has been used, demonstrating its distinctiveness, and providing examples of how it is different from the opposing company's mark. Documenting your brand's unique aspects and its market presence can be crucial in building your defense.

Consider seeking professional advice to navigate the legal complexities involved. Having a clear strategy and understanding your rights can significantly increase your chances of a favorable outcome. Stay calm and focused, and remember that many trademark disputes can be resolved through negotiation or legal channels.

Tim Akpinar agrees with this answer

A: Some of the other considerations include: a) how similar the marks are, b) how similar the goods & services are, c) how distinctive their mark is; d) how long they have been using their mark; e) how long you have been using your mark; f) how long if at all their mark has been registered; g) the degree of fame that their mark may have obtained; h) whether there has been any actual confusion by the public, believing that your two companies are affiliated.

You should speak with an intellectual property attorney.

Tim Akpinar agrees with this answer

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