Just received a cease and desist letter from a law firm claiming my product name infringes their client's trademark. We're in totally different industries (they're B2B enterprise software, I'm a consumer app) but the names are similar.
Do I need to change my name? Do I need a lawyer? Freaking out a bit.
Don't panic. C&D letters are often the first salvo but not all are legitimate threats. Key things to check:
1. Do they actually have a registered trademark? Search USPTO
2. What goods/services is their mark registered for?
3. Are you in the same class of goods?
4. Is there actual likelihood of confusion?
Different industries = potentially strong defense, but "similar" names could still be an issue depending on how famous their mark is.
how similar are the names? if it's like "Apex" vs "ApexCloud" you might have a fight. if it's "Apex" vs "Apexify" in totally different markets, you're probably fine but still annoying to deal with
one thing people don't realize: ignoring a C&D completely is bad even if you think you're in the right. if they sue later, "willful infringement" = triple damages. at minimum, respond (or have a lawyer respond) acknowledging receipt
Checked USPTO - they have a registration but it's in class 42 (software services). My app is class 9 (downloadable software) and class 35 (retail). Different classes... that's good right?
Different classes helps but isn't automatic protection. Software is tricky because all software can arguably be "related." Still, B2B enterprise vs consumer app is a real distinction.
Worth getting a trademark attorney to write a response letter. Might cost $1-2K but they can push back properly. Many of these situations settle with a coexistence agreement where you both agree to stay in your lanes.
Honest question: how attached are you to the name? sometimes it's cheaper to rebrand early than to fight for years. I fought a trademark dispute for 18 months and won, but lost focus on actually building the business. not always worth it
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