Someone registered a similar trademark: how to protect your brand

Is a similar trademark always a problem?

Not every coincidence or similarity signifies a rights infringement or a threat to business. In intellectual property law, what matters most is not only the formal similarity of names and/or images, but also the risk of confusion between goods or their manufacturers in the perception of consumers.

If the names of designations are similar but applied in completely different categories of goods, the risk of confusion may be minimal. For example, identical or similar names in the clothing and industrial equipment segments usually do not overlap. But if brands operate in the same or related categories, the situation becomes much more sensitive.

The main problem is that a registered trademark gives its owner the exclusive right to use the designation within specific classes of goods and services.

This means that a new right holder can potentially:

• file claims for the use of the designation without their consent;

• submit complaints against product listings and block the brand on marketplaces;

• challenge advertising and content;

• initiate legal disputes and demand financial compensation for the illegal use of the trademark.

Even if you started using the brand earlier, the lack of registration or weak protection can create legal vulnerability. This is especially critical for companies that actively sell goods on Wildberries, Ozon, and other marketplaces.

The first thing to do is evaluate the degree of similarity.

Upon discovering a trademark that is similar to your designation, it is important not to panic but to conduct an initial assessment. Usually, visual or phonetic similarity of the designations, the overlap of product classes, and the likelihood of consumer confusion are analyzed. Sometimes the differences are obvious, making the risk of conflict minimal. However, there are cases where even slight changes in spelling or pronunciation do not resolve the issue. Therefore, at this stage, it is important to objectively assess whether there is a real threat to the business or if it is merely a formal coincidence.

Possible scenarios for the development of the situation

After analyzing the similarity of designations, several scenarios are typically identified.

Scenario 1. No conflict

If the designation and the trademark are used in different product categories and do not create a risk of confusion, the situation may not require active measures. However, even in this case, it is important to monitor the use of a similar designation in the market, especially if the business is growing.

Scenario 2. Risk of overlapping interests

If the products or user audiences partially overlap, the use of the brand may be restricted in certain segments. In such cases, a legal strategy is often required: from negotiations to a change in positioning.

Scenario 3. High risk of conflict

The most difficult situation is when a mark is registered in the same product classes and can be used by a competitor in active commercial activities. In this case, disputes, blocking of product listings on marketplaces, and demands to cease the use of the brand are possible.

How can the problem be solved?

First and foremost, the possibility of negotiations with the trademark owner is considered. Sometimes the parties reach a coexistence agreement or a demarcation of their spheres of use.

The second option is challenging the registration. If there are legal grounds - for example, if the trademark was registered in bad faith or violates the priority of earlier use - a cancellation procedure can be initiated.

Additionally, in some cases, protection is possible by proving prior use of the brand, especially if the company can confirm active commercial activity before the competitor's registration date.

Each of these strategies requires a legal assessment, as an error at this stage could lead to the actual loss of the brand.

Furthermore, a similar trademark is not only a legal risk but also a matter of reaction speed. The longer a company ignores the situation, the higher the probability that the new right holder will begin to actively defend their rights: filing complaints, blocking products, and establishing their market position. This manifests particularly quickly on marketplaces, where complaint mechanisms allow for the swift restriction of sales; therefore, delay can directly impact revenue and business stability.

How to reduce risks in the future

Most such situations can be prevented if the designation is registered as a trademark in key product classes in a timely manner, i.e., before the moment of active actual use of the brand.

At the same time, until the moment of registration, brands usually employ the following strategy:

• track new applications for the registration of similar designations;

• monitor the market for similar designations;

• record instances of brand use in commercial activities.

This is where systemic tools that allow for tracking risks at an early stage are particularly important. In this case, ZIPDetect helps rightsholders not only find violations on marketplaces but also build broader control over brand usage.

The appearance of a similar trademark is a situation that cannot be ignored. It does not always signify a direct threat, but it always requires assessment and a response. The key question for a business is not whether the mark is similar, but whether it can affect brand usage, sales, and the company's positioning. The earlier the assessment is conducted and a protection strategy is chosen, the more opportunities the business has to maintain control over its brand and avoid conflicts in the future.