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What can I do if my trademark is similar to another?

Founder & Trademark Attorney

If your trademark is similar to another, the best way to get around it depends on the nature of the similarity and how closely your goods and services overlap.

If the similarity is significant and the class overlap is clear, the safest option is to adjust the mark before filing by adding a distinctive visual element, modifying the name, or narrowing the goods and services list to avoid the conflicting class. The further you move from a similar mark, the less you risk opposition or office action.

If you have already filed and the conflict has been identified, you can approach the owner of the earlier mark to negotiate a co-existence agreement. This is a formal arrangement in which both parties agree to use their respective marks without opposing each other. It requires the consent of both parties and, in some jurisdictions, must be submitted to the IP office for approval.

If the similarity is marginal or the goods and services are sufficiently different, proceeding with the application may be reasonable. A trademark attorney can assess the actual level of risk before you decide.

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