Differing Businesses Weigh in Favor of No Trademark Infringement

Posted by Michael Shimokaji | May 28, 2014 | 0 Comments

Question: Trademark infringement

I have a name of a business that is already registered however, my business is a salon and the registered business sells wines and spirits. Would I be able to trademark the same name?

Answer: Whether there is infringement depends on whether there is a likelihood of confusion. The latter depends on the consideration of a number of factors, including the similarity in businesses.

However, differing businesses would weigh heavily in favor of no infringement.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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