Trademark partly depends on how “different” are the two marks

Posted by Michael Shimokaji | Jun 17, 2014 | 0 Comments

Question: Can we still trademark our brand name if another person has already trademarked the name but did it with a different style/logo?

Another company beat us to the punch and trademarked our brand name along with a different logo two months ago. They also seem to have produced a product a couple months before us. Our markets are different and are in opposite areas of the country although we both have apparel in our lines. What is the possibility that we would be able to trademark the name alone or with our own font style and mark? We don't have money to waste on trying to trademark our name and mark to just have it rejected. Thank you for your advice.

Answer: I'm not sure what you might mean by “different logo”, but having a different logo might be enough to distinguish you from the other company. It partly depends on the extent of how “different” are the two marks.

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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