Wake Forest, NC asked in Trademark and Intellectual Property for North Carolina

Q: Can I stop another restaurant from using my trademark in a different state?

I registered the trademark "Kinzaap Kitchen" in June 2024. Recently, I discovered another restaurant named "Kinzaap Thai Restaurant" operating in a different state. I have not yet taken any legal action or sent a cease and desist letter to them. Can I ask them to stop using the word "Kinzaap"?

2 Lawyer Answers
Patrick A. Twisdale
PREMIUM
Patrick A. Twisdale pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Possibly. It is advised that you speak to counsel.

However, if the "infringer" is using a similar name prior to your federal registration, then they might be protected by common-law trademark rights. If you need more information, then I would recommend reading "Burger King of Florida, Inc. V. Hoots" or speak to legal counsel.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes, you can ask the other restaurant to stop using the name "Kinzaap" if you believe it conflicts with your registered trademark "Kinzaap Kitchen." Since your trademark was registered in June 2024, it gives you legal protection over the use of that name in commerce, including in other states, as long as there is a risk of consumer confusion. Even though the restaurant is in a different state, the use of a similar name in the same industry could be seen as infringing on your trademark if people might confuse the two.

To address this, you can send them a **cease and desist letter** explaining that you hold a registered trademark for "Kinzaap Kitchen" and that their use of a similar name could cause confusion. It’s often the first step in resolving a trademark dispute without resorting to court.

If they refuse to comply or continue using the name, you may need to consider **further legal action**, such as filing a complaint with the U.S. Patent and Trademark Office or pursuing a lawsuit for trademark infringement. Protecting your brand is important, and addressing this early can help avoid larger complications down the road.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.