Intent and Trademarks

Your intentions can come into play when trademark infringement is being determined. What would be looked at is if you were actually intending to compete with the conflicting mark or if you were attempting to deceive possible customers. To determine this, things such as similarity of trade dress like packaging or colors and font used for the text can be analyzed. It is also always important to demonstrate that you were operating with good faith. Good faith can be shown by ensuring a complete and thorough search for conflicting marks was done, you did not believe there was a conflict, and that the mark you selected accurately reflects your goods or services. Bad faith may be found if styles and other elements were copied or there is no credible reason to adopt such a trademark. Before filing make sure you are operating with good faith and not trying to infringe on the rights of another trademark owner.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.