We Do Not Want to Infringe Another’s Trademark

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Question: Our product is a health supplement powder designed to promote joint health. We were planning on using “AlphaJoint” as a trademarked name. However we discovered another product called “Alpha BRAIN.” This name is a registered trademark and the product is a pill that is supposed to improve brain function. Is AlphaJoint too similar to Alpha BRAIN? Are these two products similar enough to be in the same industry?

Answer: Whether you can use a name depends on whether it creates a likelihood of confusion with other prior names. Many factors go into the answer to this legal question.

One factor is whether your products are the same. This seems to weigh in your favor of being able to use your name.

Another factor is the similarity in names. The two names sound dissimilar and this seems to weigh in your favor.

A definitive answer cannot be provided with the limited information in your question.

 

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