A new product or service’s name or logo must not conflict with any already-registered trademarks when it is created. Infringement might result in expensive legal fights and possibly the requirement that you rebrand your product. How do you tell if a trademark is too similar to one that already exists? Here are some important things to think about:
1. The trademarks’ similarity The trademarks’ resemblance should be taken into account as the primary factor. This covers the mark’s general aesthetic and feel, as well as the words’ pronunciation and intended meaning. If your mark is overly similar to an already-existing one, customers may become confused and the owner of the existing trademark may suffer harm.
2. The Products’ or Services’ Similarity The resemblance of the goods or services offered under the trademarks is another important thing to take into account. Even though your trademark is distinctive, it could still be seen as infringement if your product or service is extremely similar to one that already exists. Customers might still mistake your product for the current one, which is why this is. 3. Existing Trademark Strength
The strength of the current trademark should also be taken into account. Even a somewhat similar trademark could be regarded as infringement if the already-existing mark is well-known and has a positive reputation in the marketplace. On the other side, it might be simpler to get away with a similar trademark if the existing one is unrecognized and has a poor reputation.
Make sure a firm name isn’t already in use before using it. The United States Patent and Trademark Office (USPTO) database can be searched for trademarks to accomplish this. Additionally, you can search using Google or the databases maintained by the states. To prevent potential legal problems, it is recommended to choose a new name if the one you want is already taken. Can a Name That Is In Use But Not Marked in the UK Be Trademarked?
As long as a name satisfies the requirements for trademark registration, it is still possible to register a trademark for it in the UK. This includes not being obnoxious or deceptive, not being too similar to other trademarks already in use, and being distinctive. However, it could be more challenging to get a trademark for the name if someone else has previously established common law rights to it. What Does Not Constitute Trademark Infringement?
Not all trademark usage is regarded as infringement. It might not be considered infringement, for instance, if the usage is regarded as fair use, such as when a brand is used for commentary or criticism. Additionally, if the usage is in a distinct market or industry from the one in which the trademark is already in use, it might not be regarded as infringement. What are the 3 Different Types of Trademarks?
2. Design Marks: These are logos or particular designs used as trademarks instead of words or letters.
3. Combination Marks: These are logos or designs combined with words or letters to form a trademark.
There isn’t a clear answer to this because it relies on the specific trademark and how close the two logos are to one another. However, generally speaking, the less probable your logo is to infringe on the property, the more distinct and varied it is from the current trademark. A trademark lawyer should be consulted to determine the degree of resemblance and the likelihood of infringement.