We Do Not Want to Infringe Another’s Trademark

Posted by Michael Shimokaji | Dec 26, 2014 | 0 Comments

Question: Our product is a health supplement powder designed to promote joint health. We were planning on using “AlphaJoint” as a trademarked name. However we discovered another product called “Alpha BRAIN.” This name is a registered trademark and the product is a pill that is supposed to improve brain function. Is AlphaJoint too similar to Alpha BRAIN? Are these two products similar enough to be in the same industry?

Answer: Whether you can use a name depends on whether it creates a likelihood of confusion with other prior names. Many factors go into the answer to this legal question.

One factor is whether your products are the same. This seems to weigh in your favor of being able to use your name.

Another factor is the similarity in names. The two names sound dissimilar and this seems to weigh in your favor.

A definitive answer cannot be provided with the limited information in your question. 

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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