Legal Question in Intellectual Property in California

Re: Trademark Mischap

You may be headed for trouble, but there may be some options. For instance, you may have a design mark that is substantially different from their trademark. It is virtually impossible to evaluate without seeing your mark and the mark that you potentially are infringing on. Also, how you handle this situation may depend on how long you've been in business and how much customer good will you've built up. For instance, if your "brand" is well known in your area, you might want to negotiate a license to use the trademark in a limited scope. If you're relatively new, you may want to abandon the old mark immediately and get a completely clean trademark and start building your business name under that mark. In any case, you'll want to consult an attorney that works in IP.

Re: Trademark Mischap

In addition to Ms. Cowin's advice, which I agree with, you should make sure that the category of goods covered by the earlier mark conflicts with your line of products. Just because someone registers "Pushmataha" as a trademark for vodka doesn't usually prevent someone else from registering and using "Pushmataha" as the name for incense, a cold remedy, mattresses, tractors or software.