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How to avoid your trademark being similar to an existing one

Posted by on 10:47 am in Intellectual Property | Comments Off on How to avoid your trademark being similar to an existing one

When creating a new product or starting a company, it is natural that it has a name and a recognizable logo. But before you think of the name, the font and the logo’s appearance, it is necessary to explore other registered brands, in order to avoid your logo or name being too similar to an existing one.

There are ways to browse through already registered companies. If you live in the USA, you search for all the registered company names is possible through the U.S. Patent and Trademark Office (USPTO). If you need to check whether the logo is similar to an existing one, rather than words, the search will be conducted through a specific design code. In order to do it, you should to consult a design search code manual.

Trademarks and Avoiding Consumer Confusion

                There are two conditions that trademarks need to meet in order to be considered similar. First, their names or logos are similar, and second, their products or services are similar, so the consumers can be mistaken that they come from the same source. We learn a lot from  daytona business lawyer.

 When it comes to similarity of names or logos, there are four main ways in which they can be considered similar and thus confusing:

1. Sound – the names are spelled differently, but they are pronounced the same – they are phonetic equivalents.

2. Appearance – the font of the brands’ names are different, but the name is the same.

3. Meaning – if you want to use a name in English and in your country there already is a company with the name of the same meaning, but in another language (e.g. “Princess” – “Principessa”)

4. Commercial impression – the trademarks use the same design element, or their names convey similar general meaning.


Another issue is similarity of goods and services. Even if the trademarks are confusingly similar, it may not be a problem if the companies differ in the area of business. However, the brand name should be reconsidered if the goods, services or both goods and services are similar to the company of a conflicting name or logo.

What to know before registering a trademark

Posted by on 10:44 am in Property Law | Comments Off on What to know before registering a trademark

Trademark is in other words a brand name, which means that it protects the name and the logo of your company of brand. It serves to distinguish goods and services made by one creator from those made by the others, and these goods or services can be represented through words, names, symbols, sounds or colors. Even though registering a trademark is not obligatory, it does provide some benefits if you do register it. Find best and affordable atlanta business lawyers here.

cvs1g-Trademark_Registration_6There is a concept similar to trademark – a service mark. It is related specifically to services, while trademark is more goods-related, but the term “mark” or “trademark” is often used to denote either of them. Before filing a request to register a trademark, it is important to check whether the name or the logo already exists in the market. You can do so by searching all registered trademarks through the system in your country, and it is usually free of charge. For USA, you can search for all the registered company names through the U.S. Patent and Trademark Office (USPTO).


If you want to search not for words, but for the logo, you will need to conduct the search by using a suitable design code, and for this you will need to consult a design search code manual.

What you also need to know is that trademarks are territorial. This means that, if your trademark is protected in the USA, it will be protected only there and the protection will not be valid in other countries. You need to file a specific request for registering a trademark in every country you want it to be registered. Find out how to do that on orange county Asset protection lawyer site.


Finally, it is important to know that a registered trademark protects only your brand’s name and logo, while the same or similar product can be made by someone else under a different name.

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