Question
Hello
I created the We Seed DIGITAL entity Jan 2020 in France , Paris specialized in printing solutions and against planned obsolescence
I took the steps to file the name and protect the copyright to the authorities
Later in front of a French investor capital committee, I see myself re-named my name because there is another entity Western DIGITAL company specializing in data backup servers
I don't understand this has nothing to do with Western DIGITAL and We Seed DIGITAL (we are sowing the seeds of DIGITAL)
The activity is the purpose of the activity has nothing to do with servers manufactoring. I don't understand this distrust from some the committee members.
Am I wrong to underestimate their lack of comfort or even their mistrust?
Is there really a risk? I note in passing many legal entities with the term Digital in France offering advisory. Are there elements of language to defend me and protect me in the future
Thank you
Answer
I believe the confusion occurred because the likelihood of confusion was completely ignored.
Making sure you are fully aware of what constitutes likelihood of confusion is just as important for your initial naming process as it is for any trademark watching you have in place. Obviously, you do not want to submit a trademark application that will be rejected. The connection between the similarity of the two brand names and the relative closeness of the goods or services is an important one. Computer software and computer peripherals, for example, are likely to attract similar customers and so the risk of confusion is higher. If the two competing products are tractor parts and bikinis, it is possible that even an identical brand name could be acceptable as it seems unlikely that their markets would be substantially made up of similar consumers.
You can read more here: https://www.trademarknow.com/blog/7-factors-for-identifying-trademark-likelihood-of-confusion
Besides if you do have any questions give me a call: https://clarity.fm/joy-brotonath
