My logo is highly similar to an already existing brand, what are my options to prevent the opposition claim of the other party?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

If you want to register a trademark but have found a similar one registered in your country of interest, we recommend discussing your options with an attorney.

However, generally speaking, your options might include the following:

  • Changing the similar elements of the logo if you can still afford to rebrand.
  • Looking into the other trademark and comparing your lists of goods and services. If your and your competitor's brand operate in different segments, you can claim that the two brands can safely co-exist in the market without causing consumer confusion. If there's an overlap, you might be able to register your logo if you limit the classes on your application.
  • Looking into the other company and establishing the chances of them raising an opposition. This will require a deeper analysis, including their size, usage of the trademark, etc. For example, you may find out that the trademark is owned by a company that has been dissolved. This is another matter with which an attorney can help you.
  • This really depends on the type of similarity on display, but in rare cases, you might be able to register a wordmark instead.

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