The guiding principle of trademarks is to avoid consumer confusion. Does the other business share the same industry as yours? On the other hand, if two businesses that are using similar marks are operating in markets that overlap, priority will be an issue. If two similar marks are used in different industries that are located in different markets, confusion is unlikely. However, the question is determined by the potential for the confusion of consumers. For example, Delta Faucets and Delta Airlines have obviously similar names. It is still possible for two different businesses to have similar names are marks. When there are marks that are protectable and that are being used by two different businesses, however, the question will come down to which business’s use of the mark will prevail. Some marks are descriptive in nature and unable to be protected through the trademark process. Not all marks are able to be trademarked. This means that other parties are not allowed to use a business’s trademarks when they are conducting business. Registering a trademark gives a business protection for its use in the U.S. When these marks are registered with the United States Patent and Trademark Office, they are called trademarks. The marks that a business uses in the course of conducting its business include the business name, logo and slogan. Whether or not you might have to negotiate with the sender of a cease and desist letter will depend on whether your business and the other one share the same industry, whether the two businesses share a geographical market, which business first used the mark and which business registered the mark first. With the internet and Google, trademark infringement accusations are becoming more common. These accusations are often based on the use of similar logos, slogans or names. Some businesses receive threatening letters or emails at some point in which the senders accuse them of trademark infringement.
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