Conflict US and European trademark?

Thank you for asking this question, which point to a general interest.

If you registered in Europe only because the trademark was not available anymore in US, you are probably wrong but do not worry, you will see that we have solution for you even in this case.

Trademark protection need to be understood as protection in the country where the brand is registered, so the best protection is to register on the market where your customers will be. As said if you are not selling goods and if you have no need to make local marketing in your target countries, such as tradeshow, magazine advertising, etc.. You will not really be at risk in the other countries where your brand is not registered.

I want to stress that the registration of a trademark is only valid for the class selected during the registration process. Which means that you will find the same trademark name several times in the same market, as long as both companies are not selling the same products or delivering the same service.

First is to check correctly if you are really in the same market or not.

At last you can register a company in Europe and sell your service online from there, as long as all transaction is served from Europe and delivered from there. You will not be at risk with the current owner of the US trademark.

I also recommend to check if the current US Trademark is really valid, and you cannot do that without asking a lawyer to do it.

We can maybe help your company, to incorporate in Europe and to manage your trademark issue.