Trama logo

Someone already owns a trademark similar to my brand. What should I do?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Finding out your desired trademark is already taken by someone else can be discouraging, but you still have options.

The problem with the existence of an identical/similar already registered trademark lies in the owner's legal right to oppose your application. The intellectual property office can then refuse your registration on the grounds of similarity between the two marks to prevent potential consumer confusion in the market. To minimize the risk of this happening, you can change the mark's similar element(s) before applying.

If rebranding is not a valid option, you may choose to take the risk and proceed with the application. In general, oppositions are raised in 5% of all cases, and if they do, you can hire a representative to represent you in the opposition proceedings. The outcome is not guaranteed, but some of the steps commonly taken here include the following:

  • limiting the selection of goods and services (which you can also do preemptively),
  • signing a co-existence agreement,
  • challenging the opposition.

You can read more about these options in our article What happens if someone opposes my trademark application?

Related articles


Stories of our clients: Take on Goliath

“A lot of businesses focus on the product: what's good about the product, what makes the product so different, the unique selling proposition. You hear these phrases all the time. Take On Goliath looks at things a little differently. We go far enough back to see what's needed to support the consumer, the retailer, the wholesaler, and then the brand itself.” Read the full story of Dave Christie, the founder of Take on Goliath, another inspiring brand protected by Trama that helps SME businesses be seen and heard more.


Stories of our clients: SquidWeb

SquidWeb represents a single solution enterprise software encompassing every tool needed by event staffing companies to smoothly run business - and will be developed now to an industry-independent ERP system. In-depth automation, time savings through effective collaboration and service guarantee make SquidWeb stand out, contributing towards the success the company has achieved over the last 2 decades. The full story of SquidWeb’s origin dating back to the student days of its founder Simon Stürtz is truly inspiring and so are the current brand protection efforts that we explore together with Kristina Huch.

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.