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I work for a company that registered as a business in April 2011 and has the trade name (DBA) of Colibris LLC. We have currently found another organization within the same city marketing as Colibri. They are a nonprofit organization. Colibris LLC is not trademarked and we are wondering what are our rights as a company when it comes to the intellectual property and close relation of these names. Colibris and Colibri are the same word with Colibris being the plural of the word. Additionally, they are incorporating similar humming bird logos. Thanks!
Is same area the same as locality? The companies are different (one being for profit and the other non profit) but the logo and name concepts are similar enough that I would suspect some confusion with consumers. Is there any protection to now file a trademark (assuming posting with initial use back in April 2011)?
Oh, so that would be if we already had the trademark issued?
To determine this would require suit?
And in suit, it would be up to a judge to determine potential customer confusion.
Is there any affect on whether or not the industry is nonprofit or not? Additionally, would the state still continue to register names that are so similar?
Ahh. Interesting. Makes sense.
That answers my question and was a big help. I appreciate your time so late in the evening!
Absolutely. Thank you! Have a great night.
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