Trademark Consent Agreement

It’s technically possible, if the USPTO approves a trademark you may use it for commercial purposes regardless of its similarity to another mark. However, the owner of the confusingly similar mark may choose to object to your use, so this approach invites legal issues in the long run.

Once granted, trademarks are effective in perpetuity as long as their original owner uses them. To wait for the trademark owner to stop using the trademark in ordinary commerce at a whim is not impossible, but likely to be misguided.

If your domicile is located in the United States, a licensed attorney isn’t required for the trademark application process. However, applying for a trademark is a legal proceeding and an attorney can be helpful in navigating the specifics of your application.

A trademark must be distinct enough to not cause consumer confusion in a similar market. The USPTO will analyze your trademark’s similarity, taking into account such factors as:

• The design of the trademark

• Other trademarks in similar markets

• The intention behind the trademark

• How strongly the trademark is recognized

• How the trademarks sound when spoken

• The meaning of the trademark

• The commercial impression of the trademark