Can I trademark a name and/or logo if someone already has the same or similar sounding name?
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Can I trademark a name and/or logo if someone already has the same or similar sounding name?
We are both online retailers but we intend to sell different types of products. Does that minimize risk of conflict or are we considered to be in the same “industry”?
Asked on June 17, 2015 under Business Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If the products truly are different, then you should be able to both use the name, since with different products, even if you both sell online, there is less likelihood of customer confusion. You can minimize the chance of confusion, and maximize your chance of registering a trademark by 1) adding some additional word or words to distinguish you--e.g. say you are a book seller located in MD and the name you and the other company both use or like is "Snazzy." If they are simply "Snazzy" and sell autoparts, if you are "Snazzy Books" or "Snazzy Midlantic" or "Snazzy East," you will have an easier time of it; and 2) having a distrinctive graphic look.
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