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I found out my mark is similiar to an already existing trademark. What should I do?

Founder & Trademark Attorney

Depending on where you are in the process, you can avoid a conflict with a similar mark in a couple of ways:

If you have not yet filed, the most effective response is to change or modify the mark to distinguish it from the conflicting one before filing. That means modifying the name, adding a distinctive visual element, or narrowing the goods and services list to avoid the classes where the conflict exists.

If you have already filed, you can approach the owner of the conflicting mark to negotiate a co-existence agreement, or wait to see whether they actually file an opposition. If an opposition is filed, you can respond with legal arguments, evidence of co-existence in practice, or consent arrangements.

If the similarity is minor and the classes are different enough, proceeding without changes may be a reasonable risk. A trademark attorney can give you a professional view on the actual likelihood of opposition before you decide how to proceed.

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