I found out my mark is similiar to an already existing trademark. What should I do?

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Written by Igor Demcak

Founder & Trademark Attorney

With more than 12 million trademarks registered each year globally, it's getting harder and harder to avoid being similar to someone else. However, while similar already existing brands can delay or even circumvent your application, you are not entirely without options.

Your options include the following:

  • changing the similar element(s) of the mark if you can afford to rebrand.
  • limiting goods and services listed on the application. Two brands that sound/look similar, but operate in different verticals, can be deemed as able to coexist in the market.
  • choosing to take the risk and proceed with the application. If you receive an opposition, there are again steps you can take to save your application. We've outlined them in this article. However, bear in mind that having these options is not a guarantee your application will successfully go through.

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