Legal Question in Intellectual Property in Virginia

Re: IP Rights- Trademarking and Logos

What you are talking about is trademark infringement (and possibly copyright infringement), and the test is whether there is a "likelihood of confusion." Essentially, the issue is whether a consumer who encounters the marks would mistakenly believe some relationship to exist between the two.

There are MANY factors that go into determining whether there is a likelihood of confusion two of which you have addressed in your post (similarity of the marks and similarity of the services). One of the more compelling factors is whether there has been actual confusion - i.e., misdirected emails, letters, phone calls, etc. If that has occurred, then the chance of finding a likelihood of confusion is increased.

Without seeing the logos, it is impossible to determine whether you have a case. Also, you must be cautious here in that trademarks generally work on a priority system whereby the person who has continuously used the mark the longest will usually prevail over later adopters. There are many caveats and exceptions and this is a complex area of the law. You would be well advised to consult an experienced trademark attorney. If you would like to discuss further, please feel free to contact me.

Re: IP Rights- Trademarking and Logos

Mr. Kinder is correct. If you started using and filed your trademark first, then you need to sue the other company to make them change their logo.