Can I use the brand name of another company for my product, if it is in a different industry?
June 30, 2022 | 55,00 EUR | answered by Carsten Schlüter
Dear lawyer,
my name is Ulrike Hentschel and I run a small company that produces high-quality leather goods. I recently designed a new backpack and would like to give this product a memorable brand name. In my research, I found that another company in a completely different industry is already using the name I would like to use for my backpack.
The other company is a clothing manufacturer that produces sports equipment. Their brand is internationally known, and I am concerned that they may take legal action against me if I use their brand name for my product. However, my leather goods and their sports equipment are completely different in content and appearance, and are sold to different target markets.
My question to you is: Can I use another company's brand name for my product if it is in a different industry? Are there possible solutions to avoid legal issues? Should I still avoid using the other company's brand name to avoid potential conflicts?
Thank you in advance for your time and advice.
Sincerely,
Ulrike Hentschel
Dear Mrs. Hentschel,
Thank you for your inquiry regarding the brand name for your new leather goods. As a lawyer specializing in trademark law, I understand your concerns and will try to provide you with a detailed response to your questions.
When it comes to using another company's brand name for your product, there are several legal aspects to consider. First and foremost, it is important to understand that trademark law is designed to protect the identity and distinctiveness of products and services. If a company already uses a certain brand name for its products or services, it has the right to protect that brand name from unauthorized use by third parties.
In your case, it is worth mentioning that your leather goods and the sports equipment of the other company are completely different in content and appearance, and are sold to different target groups. This could indicate that using the same brand name for your products may not pose a risk of confusion for consumers. The risk of confusion is an important legal aspect in trademark law, as it aims to protect consumers from deception and ensure that they can clearly distinguish the products and services of different companies.
Nevertheless, it is advisable to be cautious and avoid potential legal conflicts. Even if your products differ in content and appearance from those of the other company, using the same brand name could lead to a trademark infringement. It is possible that the other company could take legal action against you to stop the infringement of its trademark rights and claim damages.
To avoid legal issues, you may consider using alternative brand names for your product. By choosing a unique and individual brand name that cannot be confused with the other company's brand name, you can ensure that you do not infringe on trademark rights and avoid potential conflicts.
Overall, I recommend consulting with an experienced trademark lawyer to make an informed decision about using the brand name for your products. A lawyer can help you assess the legal risks and find possible solutions to avoid legal problems. It is important to respect trademark rights and comply with trademark laws to protect your company from legal consequences.
I hope this information is helpful to you and supports you in your decision. If you have any further questions or would like individual advice, I am happy to assist you.
Sincerely,
Carsten Schlüter
Trademark Lawyer
