Can it be trademark case if work under somewhat similar name?


We are starting a new online service called 'abchousing.com', but there is already an established service called 'housing.com' which provides a similar service in same domain.

 

Do these two brand names seem close enough to cause us trouble in the future? Can we be sued later for trademark issues for creating a confusing brand?

Answer

As per the Trade marks Act no similar or deceptively similar names can be adopted by the two different entity trading in the same activity, but  the words of general usage, dictionary language fall in public domain and can be used by all the persons.

 

The mark 'abchousing.com' and 'housing.com' are similar but the prefix pin added to your mark makes the two marks altogether different. So you can safely use the same but it is advisable to apply the domain name for registration under the trade marks act.

 

However the adoption of the domain name 'abchousing.com doesn't rule out the possibility of legal action against you. 'housing.com' may try to cast pressure upon you for TM infringement, and the same will have to be contested on merits, which depends upon a lot of factors like  usage of brand, TM Registration, prior user , structure of the  mark , potential customers, area of operation, etc.

 

Only after analysing the  actual and correct information, the true opinion can be formed.


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