Brand Name

[Richard_berlin]

Hello,

I have a question and hope someone can help me. Our German brand name is AdEx and AdEx24 respectively. Now we want to appear in the USA under the same Brand name. Could we get problems with the online course platform eDx? The two names sound very similar.

 

[LdiJ]

Hello,

I have a question and hope someone can help me. Our German brand name is AdEx and AdEx24 respectively. Now we want to appear in the USA under the same Brand name. Could we get problems with the online course platform eDx? The two names sound very similar.

I don't see those as being similar at all. Yes, you share some letters but the capitalization is completely different and the ordering of the letters is different. Visually they do not look similar to me. However, the best person to give you advice would be a US attorney specializing in that area.

 

[Zigner]

To add to LdiJ's comment, "AdEx" and "eDx" don't sound very similar in English, in my opinion.

 

[FlyingRon]

And it would somewhat depend on the marketspace of the two products. eDx sounds like some sort of medical thing (Dx is an abbreviation for diagnosis) where AdEx sounds like it may be something entirely unrelated.

 

[PayrollHRGuy]

Depending on what you do you might have a problem with these guys though.

SNIP OP's link.

 

[quincy]

Depending on what you do you might have a problem with these guys though.

[link removed]

It appears like that is Richard’s company you linked to.

Richard, what you will want to do is a thorough U.S. trademark search before launching your company in the U.S. under your overseas trademark.

In the U.S., it is not only federally-registered marks that you need to concern yourself with but also unregistered companies who have established rights through use of the name in commerce.

The U.S. trademark law is unlike the laws in other countries in that it is the FIRST USE of the mark in commerce that confers presumed ownership rights to the mark. In other countries, it is the FIRST TO REGISTER the mark who will be the presumed owner of the mark.

I recommend you get assistance from an international trademark lawyer to see whether your company will need to operate under a different name in the U.S.

 

[PayrollHRGuy]

It appears like that is Richard’s company you linked to.

Yet another reason to hate non-region-specific top-level domains.

 

[quincy]

Your previous post was reported for editing, PayrollHRGuy. We don’t want to advertise Richard’s company for him.

 

[PayrollHRGuy]

I edited it already. Right after I saw your post previous post.

 

[quincy]

I edited it already. Right after I saw your post previous post.

Okay. Good.

 

[PayrollHRGuy]

Okay. Good.

You might want to check those things before you report posts. Not that I think it is a violation.

 

[quincy]

You might want to check those things before you report posts. Not that I think it is a violation.

I “checked those things” before I reported your post.

 

[adjusterjack]

I'd be more concerned with US companies that already are called AdEx (there are several). You should be OK as long as your product/service isn't similar to theirs.

 

[quincy]

I'd be more concerned with US companies that already are called AdEx (there are several). You should be OK as long as your product/service isn't similar to theirs.

Not true. Trademark law centers on consumer confusion. For example, you cannot market anything under the Disney name without a cease and desist letter headed your way.