Back to Trademark basics

How should I proceed, given there's already a similar registered trademark?

Written by Jan Buza

Co-founder of Trama

The right approach depends on three factors: how similar the marks are, how closely the goods and services overlap, and how actively the earlier owner enforces their mark.

If the similarity is significant and the classes overlap directly, the options are to adjust the mark to increase the distance between the two, negotiate a co-existence agreement with the earlier owner, or consider whether the earlier mark can be challenged on validity grounds.

If the similarity is marginal or the goods and services are in different enough classes, proceeding with the application may be a reasonable risk. The earlier owner may not file an opposition, or if they do, the case may not succeed. A trademark attorney can give you a realistic assessment of the risk before you commit to a course of action.

Get a professional view on your situation with a free lawyer's check.

Related questions

Facebook's transformation into Meta(verse): A Trademark Perspective

It has been some time since Meta (former Facebook) has announced its change of the business name [1] and also much wider transition of its activities into metaverse. Since then, much has been written about that but let us allow some additional thoughts on “Why Meta?” and what does it mean from the trademark perspective.

How to maximise chances of a trademark registration success?

Skill, experience and attention to detail play an essential role in mitigating the potential risks that could impede a successful trademark registration. Given the non-refundable trademark application fees, relying on a trusted expert can provide applicants with an economic benefit in addition to the peace of mind.

Louis Vuitton vs Louis Vuiton Dak: Never-ending battle of Louis Vuitton against counterfeit market

Another day another case of a trademark dispute between a fashion giant and a small food business. A South Korean fried chicken restaurant recently lost a trademark battle against designer Louis Vuitton. The court ruled in the designer's favor after determining that the restaurant's name Louis Vuitton Dak was too similar to Louis Vuitton.