Is the brand name DRVN safe to trademark?
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Before moving ahead with DRVN, it’s important to understand trademark risk. “DRVN” isn’t entirely new—others have registered or used it in different ways, which may pose issues depending on your industry. For instance, DRVN Partners LLC has “DRVN” for business/marketing services, and Driven Brands uses “DRVN” as its stock ticker symbol. There have also been apparel uses (some now inactive).
The key legal test is likelihood of confusion—if your mark is too close to another in a related field, the USPTO may refuse registration. You can search the USPTO database (TESS) and consider a comprehensive attorney search to catch similar-sounding/looking marks.
Protection strategy:
- Identify classes (§ 1052(d)): Choose the correct Nice Classes for your goods/services (e.g., Class 25 for clothing; Class 35 for retail; Class 9/42 for software; Class 12/37 for automotive; etc.).
- Pick filing type: A word mark (“DRVN”) gives the broadest protection; a logo/design protects the specific design; a combined mark covers both. Many aim for the word mark first; if unavailable, a distinctive logo can still help.
- Next step: Speak with a trademark attorney to run a comprehensive search, confirm classes, and file.
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We’re planning to name our new brand DRVN. Can you confirm whether registering the brand name DRVN would infringe on any existing trademarks in our industry, and advise on the best strategy to protect the name (word mark, logo, and relevant classes)?
Have you already consulted with a lawyer?
No.
Anything else the lawyer should know?
No.
Hello and thank you for reaching out to AskaLawyer! I’m Jon, a licensed attorney with over 13 years of experience, here to help. Legal matters can feel overwhelming, but you’re in good hands. You want to know if this name would infringe on any others registered currently?
Yes.
And I assume you have not performed a trademark search yet?
No.
Understood. I believe I have what I need. Is there anything else you’d like to add before I start working on your answer?
No.
Got it. I’ll prepare a thorough response.
Thank you for your help.
Before moving ahead with DRVN, it’s important to understand trademark risk. “DRVN” isn’t entirely new—others have registered or used it in different ways, which may pose issues depending on your industry. For instance, DRVN Partners LLC has “DRVN” for business/marketing services, and Driven Brands uses “DRVN” as its stock ticker symbol. There have also been apparel uses (some now inactive).
The key legal test is likelihood of confusion—if your mark is too close to another in a related field, the USPTO may refuse registration. You can search the USPTO database (TESS) and consider a comprehensive attorney search to catch similar-sounding/looking marks.
Protection strategy:
- Identify classes (§ 1052(d)): Choose the correct Nice Classes for your goods/services (e.g., Class 25 for clothing; Class 35 for retail; Class 9/42 for software; Class 12/37 for automotive; etc.).
- Pick filing type: A word mark (“DRVN”) gives the broadest protection; a logo/design protects the specific design; a combined mark covers both. Many aim for the word mark first; if unavailable, a distinctive logo can still help.
- Next step: Speak with a trademark attorney to run a comprehensive search, confirm classes, and file.
We are a nutrition brand. Given potential conflicts, would you recommend choosing a different name to reduce risk?
It would be a good idea to consider alternatives. There are numerous existing “DRVN” uses, and if your goods/services overlap, you could face conflicts—especially for a broad, common-abbreviation style mark.
Thanks.
