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I am applying for a trademark and don't want to change the brand name. I found similar brand names, but they seem to be non-existent. Would they still pose a risk?

Written by Jan Buza

Co-founder of Trama

A company that appears non-existent online may still hold active trademark rights. Many businesses operate through distributors, export markets, or non-digital channels without a prominent web presence. A trademark's validity does not depend on the owner's online visibility.

But before filing your own application, confirm that the similar trademark is genuinely inactive by checking its status in the relevant IP office's database. A registration marked as active is a potential opposition risk regardless of the owner's apparent online presence. A registration marked as abandoned, cancelled, or expired is a lower risk, though the history of the mark should still be reviewed.

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