Trademark Question.....

[SoapWytch]

I'm in California.

I already own a registered trademark on my company name....have for 9 years.

Recently, I've had some problems with an infringer using part of the whole name to name their own company, and products they make, and claim it's not infringing because their use does not include the entire name that I have TM'd. The name I use has a hyphen in it---the main name and then after the hyphen is sort of a descriptive phrase about the main name.

I have customers contacting me saying they've seen this company and were confused as to whether they were somehow affiliated with me, or carrying "my products". To me, the confusion itself validates that it is infringement.

I say use of even part of the name for their same classification of goods company, or same classification of products *IS* still infringing.... Am I wrong? If so, can I shorten my TM name to better protect myself? And what is involved with that process at this point?

I know this would be easier to describe if I used the actual name to illustrate so you could see for yourself, but I don't really want to post it publicly here. Would reveal in a private e-mail though to a lawyer who could actually help/advise me.

Thanks for any help....

 

[divgradcurl]

Is your trademark a standard character mark, or is it a mark with design elements (a logo)?

Are the products that this other entity is selling fall within the class (or classes) of goods or services that your registration covers?