Q: Can I use 'Gurkha' for my dog chew product name despite existing trademark conflict, and how to register 'XYZ Bites' trademark?

A: Using "Gurkha" for your dog chew product presents significant legal risk despite the distinction between your organic yak-based dog chew and High Himalayan LLC's registered trademark for pet food. Trademark protection extends beyond identical products to those deemed similar enough to create consumer confusion, and courts often consider pet food and pet treats/chews to fall within related product categories. The absence of a cease-and-desist letter thus far does not preclude future enforcement action, which could result in mandatory rebranding, destruction of existing inventory, and potential financial damages.

Renaming your product to "XYZ Bites" while maintaining your corporate entity name represents a prudent risk mitigation strategy. The corporate name alone typically carries lower infringement risk than product branding, particularly if not prominently displayed on packaging. However, we recommend conducting a comprehensive trademark search for "XYZ Bites" before investing in new branding materials to avoid creating another potential conflict.

To register "XYZ Bites" as a trademark, you should first verify availability through the USPTO's Trademark Electronic Search System (TESS), then file an application through the Trademark Electronic Application System (TEAS). You may file based on either current commercial use (providing evidence of sales) or intent-to-use (requiring subsequent proof of use before registration becomes final). Given the complexity of trademark prosecution and the importance of securing proper protection, we strongly recommend engaging qualified legal counsel familiar with intellectual property matters to guide you through this process and maximize your chances of successful registration.