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When a Similar Trademark Causes Confusion

Charles Internicola

by Charles Internicola
National Business and Franchise Lawyer

Date: 11/14/2010 | Category: Start a Franchise | No comments

If you own a trademark in New York‚ and someone else has applied for a trademark that is likely to be confused with your own‚ you may choose to file an opposition to the confusing mark. According to the United States Lanham Act‚ you may contend that: 

"The applicant's mark consists of or comprises of a mark which so resembles a mark registered in the United States Patent and Trademark Office (USPTO)‚ or a mark or trade name previously used in the United States…as to be likely‚ when used on or in connection with the goods of the applicant‚ to cause confusion‚ or to cause mistake‚ or to deceive."

Therefore‚ if you do feel that an applicant's trademark may cause confusion with your own‚ you may choose to oppose the trademark by filing a Notice of Opposition with the USPTO.

If you choose to oppose a trademark that is confusingly similar to your own‚ you will have to challenge that trademark's registration with the USPTO. To do so‚ you can get the professional help of a New York trademark lawyer. In a trademark opposition‚ a New York trademark lawyer can represent your legal interests. 

If you are an entrepreneur who is interested in franchising your business there is a lot you need to know‚ including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time‚ get New York trademark lawyer Charles N. Internicola‚ Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.

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