Can two products in similar fields have the same name without infringing trademark?

Based on what you’ve provided here, you could face litigation for trademark infringement. Ask yourself the following questions:

  • Will the consumer be confused by the similarity?
  • What is the strength of the mark (word, phrase, symbol)?
  • Are the marks commonly used?
  • What is the similarity between the marks?
  • Do you have similar marketing?
  • What is your intent for having a similar name?

Generally the courts will consider a variety of these types of questions in order to determine if there is a trademark violation. However, to say for certainty what would happen in the court of law is virtually impossible without the entire facts. It would be best to discuss this with a trademark attorney.

I invite you to check out our website LawTrades. There, you will have access to knowledgeable trademark attorneys that can help you better understand the laws and protect your business. We offer affordable rates and flexible schedule to better accommodate our clients. Get in touch for a consultation.