Practical Advice About Trademarks
~ Holland & Bonzagni P.C.
Three concerns for clients in connection with trademarks are:
- Whether a proposed mark is available?
- Whether that mark can be federally registered?
- Whether an existing mark infringes someone else's mark?
There is a simple question that you can ask yourself when any one of these three concerns arises: Would the use of your mark create a likelihood of customer confusion with anyone else's preexisting mark? For instance, if customers probably would be confused that your mark is somehow connected to, or authorized by, the owner of a prior mark, then you cannot federally register the mark (in the United States) and may be liable for trademark infringement.
If you are unsure of the answer to this question, consult a trademark specialist.