We Do Not Want to Infringe Another’s Trademark


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.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s