There is a new trademark in the same industry as ours, essentially the same colors as ours, and very similar graphic design to ours, to the point the businesses might look related. What should I do?

Jeffrey Lippman ∙ August 2, 2019

Your recourse partly turns on whether this other Mark is a common law Trademark or a Registered Trademark approved by the PTO. Another factor is whether you have a Registered Trademark. If their Mark is not Registered, you may issue a Cease and Desist letter. If their Mark is Registered, you may have to plan to file a Petition for Rescission of Trademark with the Trademark Trial Appeal Board in the PTO. I recommend you discuss this fully by scheduling a consultation with your LegalZoom provider law firm.

Jeffrey Lippman's offices are located in Leesburg, Virginia. Mr. Lippman is licensed to practice law in the District of Columbia and the state of Maryland, and his comments may only apply to those jurisdictions. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.


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