What are the chances that an earlier owner will provide consent for the use and registration of my trademark?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

The likelihood of obtaining consent from the earlier owner of a trademark for the use and registration of a later mark depends on various factors, including the scope of each mark, the willingness of the earlier owner to grant consent, and the potential impact on their rights and business. Here are some factors that can influence the chances of success:

  • The similarity of the marks - If the later mark is significantly different from the earlier mark, especially in terms of appearance, sound, and overall commercial impression, the earlier owner may be more inclined to grant consent. However, if the marks are highly similar, it could be more challenging to obtain consent.
  • Overlap in goods and/or services - If there is no overlap in the goods and/or services offered under the two marks, the earlier owner may be more open to providing consent since there is less likelihood of confusion among consumers.
  • Market presence and reputation - The earlier owner's market presence and reputation play a role. If they have a strong brand and a reputation to protect, they may be less likely to consent to a potentially confusing or conflicting mark.
  • Existence of business relationship - Existing or potential business relationships between the parties can influence the likelihood of obtaining consent. If there are shared business interests or collaboration opportunities, it may increase the chances of reaching an agreement.
  • Existence of actual confusion on the market - If confusion on the part of the public already exists, it could be more challenging to obtain consent.
Advice icon

Haven't found what you are looking for?

Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.