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My logo is highly similar to an already existing brand, what are my options to prevent the opposition claim of the other party?

Written by Jan Buza

Co-founder of Trama

The most effective approach is to address the conflict before the application is filed. Once published, the earlier brand's owner has a clear right to file an opposition, and resolving it after the fact is more expensive than preventing it.

Your most realistic option is to adjust the existing logo to visually distance yourself from the conflicting brand by creating a logo with a different commercial impression. You can also negotiate a coexistence agreement with the earlier brand's owner before filing, narrow the goods and services list to classes with no overlap, or choose a different mark and redesign. The lowest-risk option depends on how central the current logo is to your brand and how much you can modify it.

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