I know of a similar already registered trademark in the same class, but I have started trading before them. Does this make any difference?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

It appears that the risk factor is high in this situation due to the level of similarity with the other trademark.

Intellectual property offices generally work on a first-come, first-served basis, meaning that if the mark has already been registered, they have priority even if you have already been trading.

A potential solution could be to rebrand, consider leaving out the infringing class, or work with a legal representative to build a case in the event of an opposition or office action.

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.