Can I be sued for trademark infringement for similarity in name?

Question

I'm currently in the process of getting a name trademarked for a t-shirt business. I have sold some t-shirts in the past with my brand name but I never had it trademarked because I was unsure if it would be profitable and it really was a hobby. But business has been good and I would like to trademark the name. However, there is another brand that sells t-shirts that is similar in name to mine. For example, if my brand name is Black Heart and there is a t-shirt brand already named Black Heart Logo. Could I be sued for trademark infringement?

Answer 1

Yeah, you could, but you would get a warning first from the other company's attorney. They would never just sue you from the start. A warning will always come, but it is tricky. It sounds like the other company could claim that you are cashing in on their name recognition, so anything could happen.



Try trademarking it, but also remember that even if you do get away with it, you run the risk of loosing business to the other company because of name recognition. They may be confused for you, or if they screw up something or end up in the news for screwing little kids or poisoning the water supply, people may associate you and your company with them.



I recommend a new and original name for yourself.



My father owns a coffee company and had to change the name of it because of a warning. It is just easier to get an original name. Hell, ask here for name suggestions.

Answer 2

You can be sued by anyone for almost anything. Whether the suit will be successful is a whole other story.



Check to see if "Black Heart Logo" has registered the name, if not then it's all yours.



Normally in a case like this, if the name is registered you will get a "cease and desist" letter from the company that holds the name.

Answer 3

the a number of solutions above are distinctly good already. I agree that one significant set of themes might whether or no longer the two businesses are interior an identical industry or geographic section, such that one would have seen the territory as a organic zone of develop for its company. yet another subject remember no longer yet coated is the question whether there is any good declare for trademark secure practices in any respect. To be secure , an indicator must be distinctive and not in basic terms descriptive. for this reason, you could trademark the call "Apple desktops," of course; yet once you attempt to trademark the call "Apple organization" for a organization that grows and sells apples, trademark examiners and courts heavily isn't probable to grant you plenty credence. If Maine's amazing Freight is a freight organization based in Maine and it sues Maryland's amazing foodstuff, then the defendant might rightfully project the validity of the mark as in basic terms descriptive for a Maine freight organization. it is not that descriptive marks get no secure practices below all circumstances, whether it is harder for them for use as marks. i'm unsure that the addition of the word "amazing" does plenty to help the two, whether it for sure makes the mark better to a pair degree.

Answer 4

That is to close & yes it is possible that could happen

Answer 5

yes