Legal Question in Intellectual Property in New York

Similar Name Trademark Consent Form

We had a trademark search done, for a band name, and there is someone with a similar name in the same class code for example, there name is ''silver trash'' and ours is ''trash''.

Is there a ''consent for use of similar name form'' that we can send ''Silver Trash'' which if they agree can sign and we can present to the USPTO that would allow us to get and use the name ''trash'' as a service mark? And if there is, where can we get one. Or can we just make one up and send it to them?


Asked on 11/23/07, 4:57 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Similar Name Trademark Consent Form

It's not a form, but yes, you can draw up a contractual agreement with Silver Trash and the PTO will often accept that the owners of the two marks have come to a consensus on how to avoid confusing the public with their marks.

Contact me for help with this process.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 11/23/07, 5:21 pm


Related Questions & Answers

More Intellectual Property questions and answers in New York