Finally got around to a proper trademark search for the name I've been using for my little candle company. Turns out a guy in another state registered something extremely similar back in 2019. I've been selling under my name for almost two years and never even thought to check. The lawyer I talked to says I might have to rebrand entirely. I feel like such an idiot for not doing this on day one. Has anyone here been through something like this? What did you do?
Trademarks
A trademark search revealed a problem I completely overlooked
oh no. that sinking feeling is the worst. I have no advice but I’m here to sit with you in solidarity tbh.
Can you share more? Is it the exact same word or just similar? And are they actually selling candles too? Sometimes a registration exists but they’re not enforcing it. Not saying ignore it, but the severity can vary a lot.
Not an idiot. A lot of people don’t find out until they get a cease and desist. At least you found it now. I’d ask the lawyer about coexistence agreements or buying the mark. Rebranding is expensive but so is a lawsuit.
MossyStone raises a good point. A friend of mine negotiated a pretty cheap buyout from a guy who wasn’t even using the name anymore. Might be worth asking.
PixelPunk_88—same word, one letter different, and they sell candles too. I checked their website and it looks like they are active. My lawyer said it’s close enough to be a real risk. I’m going to ask about a coexistence agreement tomorrow but I’m not optimistic.
This is why I named my business after a made-up word. Zero results on the search and zero customers who can pronounce it. Trade-offs.
Ha, KaleidoscopeKid. But honestly PineconeLullaby, if the lawyer says it’s a risk and the other party is active, plan for a rebrand. It sucks but it’s better than building more equity in a name you might lose. Start brainstorming now so you’re not scrambling.
One more thing—check if their registration is on the principal or supplemental register. And whetheer they’ve filed an intent-to-use that never matured. Sometimes there are gaps. But yeah, trust your lawyer over random forum people.