I am not sureif this is intellectual law or geenral business law--concerning tradmark infringement-Yesterday I noticed on the web a site that is usung a very close version of our registered LOGO, as well the name--there is only one word that differintiates their name from ours. I have had registered trademarks before, and I understood that another company/person could use a similar markif hy were in another industry. However-- we are in the sme industry, and produce a vey similar product--SmartPhone Apps.Does this sound like sonething worth pursuing?
Optional Information: State/Country relating to question: Florida Already Tried: Relative to the above question-- I live in the US--I understand(but am not sure( that the company in question is in Canada, but the products are sold FROM the United States, and they are sold globally, as well as in the United States. This is ny first attempt to get some type of advice-
The key question is are the marks so similar that they are likely to cause confusion. Also, did they register their trademark?If they didn't register theirs and you have been using your for a while you should probably register yours quickly and then have an attorney send them a cease and desist letter.Just based on the sparse facts you give it does sound like it is worth pursuing.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
OK--I apologize-- we HAVE a registered Trademark and it consists of the LOGO and our name--which is unique, including the use of a smal "n" in the middle of the name
The Only thing that I could see on their's is a "TM" and that isall
Just because they have a TM on their logo doesn't mean it is actually a registered trademark. You probably want to have an IP lawyer send them a cease and desist and see what happens from there.You also need to be aware that if you know of an infringement and don't take action then that could be used later to say you have allowed your trademark to be diluted to the point that it was abandoned.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing in 1992 and helped a number of businesses with litigation