Is it considered trademark infringement if someone registers a company name similar to mine?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

If a company with a name similar to yours gets incorporated, that alone may not constitute trademark infringement. What's important here is the use of a similar name/logo in commerce, and the company may end up using a different product/service name in the market.

However, if the company launched a similarly named/labelled product/service in a country and industry where you hold trademark rights, that would qualify as infringement.

If you know about such a company emerging, you don't have to wait until they launch their product/service; you can take proactive steps to prevent infringement from happening. You can send the owner a notice informing them about your trademark, which will let them know you'll be willing to exercise your rights if they are breached. Sometimes, new business owners might not know that they are on a path to infringing on someone's rights, and a polite warning can help avoid any issues.

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