Can I take over an already registered trademark?
November 11, 2023 | 40,00 EUR | answered by Ingo Hausdorf
Dear trademark lawyer,
My name is Paula Ullmann and I have been successfully running my own business specializing in handmade furniture for several years. Lately, I have noticed that my business potential is severely limited due to the use of a particular brand. I have now discovered that this brand has already been registered by another company.
My concern is that I may not be able to use my brand freely as it is already protected. However, I would like to know if there are any options available to acquire the already registered brand or at least to use a similar brand for my business without facing legal consequences.
What are the legal steps I can take to acquire the brand or register a similar one? Is there a possibility to reach an agreement with the owner of the already registered brand that would allow me to use it? Or should I perhaps develop a completely new brand for my business?
I would greatly appreciate your professional advice and support on this matter, as it is very important for me to continue running my business successfully without risking any legal issues.
Thank you in advance for your assistance.
Sincerely,
Paula Ullmann
Dear Mrs. Ullmann,
Thank you for your inquiry regarding the use of a already registered trademark for your business specializing in handmade furniture. It is understandable that you are concerned about jeopardizing your business potential due to this restriction. I would like to present you with some legal steps you can take in this situation.
First and foremost, it is important to determine whether the already registered trademark is actually confusingly similar to your planned trademark. Various factors come into play, such as the similarity of the marks, the similarity of the goods or services for which the marks are used, and the level of recognition of the already registered trademark. It is advisable to conduct a professional trademark search to determine if there are possibly similar marks that could affect your planned trademark.
If it turns out that the already registered trademark does indeed conflict with your planned trademark, there are various options for you to pursue. One option would be to negotiate a licensing agreement with the owner of the already registered trademark, allowing you to use the mark under certain conditions. This agreement could specify the amount of licensing fees, the duration of use, or the exact conditions for the use of the mark. It is important that such an agreement is documented in writing to provide legal clarity.
Another possibility would be to enter into negotiations with the owner of the already registered trademark to acquire the trademark. However, this can be a complex process and generally requires the consent of the trademark owner. If no agreement can be reached, you still have the option to develop a completely new trademark for your business. It is important that the new trademark is free from third party rights and does not pose a risk of confusion with already registered trademarks.
In any case, I recommend seeking advice from a specialized attorney in trademark law to explore your legal options and find a tailored solution for your concern. I am happy to assist you with any further questions or provide personal consultation.
Sincerely,
Ingo Hausdorf, Attorney specializing in trademark law
