Trademark Conflict?

Question

I want to trademark a name related to fashion. I researched the name and it has not been tradmarked. Though, I googled the name and found a company with the same name. They are not in the fashion biz. but in education (toys, etc).

Will there be a conflict? Any comment is appreciated. Thanks!!!

Answer 1

Determining if marks infringe can be tricky and each situation varies from another.

The general rules to keep in mind are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?

Based on the information you provided, it doesn't sound like it'd be an issue. However, it's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.

Also, I do want to be sure to mention that while you've done some research, please be aware that unless it's comprehensive, you are missing a good chunk of information.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

There could be a conflict, but if they haven't taken the steps to protect their "name," they must not care. If you, however, take the steps to trademark your name, and you experience widespread fame, you could ultimately take them out and carry the name for yourself. As the saying goes... possession is 9/10th's of the law.

Take 'em out!!!