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