Home – New Forums Find the help you need Consent to use and register a trademark similar to mine? Reply To: Consent to use and register a trademark similar to mine?

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Hi there,

Noting this is general information and not advice (further and more specific info would be needed to advise further) –

They’ve likely filed an application and you have an earlier filed mark, which is presented to them as a conflict – and, to overcome that report they want your consent.

Is your trademark fully registered? Or, is it still itself a pending application?

Ultimately, you are under no obligation to consent if you don’t wish to do so. If you are concerned by a likelihood of confusion between the two, depending on full circumstances then you do not have to consent, and, if they gain approval in another way might consider opposing the application at the relevant time.

There are a few things to consider in these sorts of situations though, and each case can be different. It is one thing to politely decline to consent but you want to ensure there’s no room for them to either ‘attack’ your trademark and also determine whether they will likely gain registration even if they don’t have your consent. Answers to these questions can help (a) decide whether to consent but (b) more importantly help determine whether use by them could infringe your rights and/or whether opposing their application (if approved) is a worthy investment.

Without knowing your mark, their mark and whether either/both of you use your mark already it’s difficult to advise further but I understand you wouldn’t wish to publicly disclose those details.

If you’d like to sent me a private message with some further info, happy to review and comment further for you.

Ideally it would be good to know:
Your trademark/trademark number;
The other party’s trademark/trademark number;
Assuming you already use your mark for the goods/services claimed – when did you start using?
Do you know if the other party already uses their trademark for their claimed goods/services?

With this information I can advise more specifically on options and processes involved etc.