Legal Question in Intellectual Property in Texas

Re: Trademark Protection

Of course the answer depends on the relationship of the goods and services of the parties, but assuming they are competitors or their products are related in someway, the answer is the federal registrant has the upper hand. The other guy adding "Inc." to the name or mark will not help him avoid an infringement in any manner whatsoever. I just handled a case exactly like this and trust me, the federal registrant is the one who gets to call the shots. Give me a call if you have any more questions.

Re: Trademark Protection

If (1) both companies use their company names as trademarks, e.g., as the name of their products, and (2) the products bearing the names are similar enough that consumers may be confused with respect to which company sold which product, then the later one to adopt the name may be committing trademark infringement.

In this regard, the words "Inc." and "company" usually don't make a difference.

If you would like further information, please let me know.