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[metallica1]

Hi there! Was wondering if anyone can help with a couple questions...

Looking to use a logo (One letter) that is similar to that of another company's and apply it to tshirts and try using them to the public. However, the wholesale T-shirt supplier is using the logo with the letter "R" with a circle around it at the bottom right side of the t-shirt. What needs to be done "trademark wise" in order to legally be able to use this logo in my attempts to use? Does the user of the similar logo need to be contacted? Does the "R" need to be registered or canceled and redone to fit a unique mark as to register it? Does a request of an alteration of some sort other than the trademark symbol to the wholesale supplier need to be done? What is the easiest way to make sense of all this legally and cost effective/efficient?

This needs to be done right and would greatly appreciate somone's help
Thanks a million!

[Zonath]

In order to use the ® symbol, the trademark must be registered with the US Patent and Trademark office (or the local trademark office of the country where the goods are being marketed).  If the trademark is unregistered, the ™ symbol may be used instead.  See 15 USC § 1111:

In order to use the logo on your own T-shirts, you would need to license it from the trademark owner.  You generally cannot use any logo which is too similar and which might cause a substantial risk of confusion, so simply changing one or two elements of the logo will likely not get you the ability to use the modified mark without infringing.  Nor will the USPTO be likely to register any mark which they would find to be confusingly similar.

[JSonnabend]

Zonath is right in the gist of his post but wrong on several details.

First, "a substantial risk of confusion" is not the test for infringement.  It's "likelihood of confusion."

Second, I'm not sure where Zonath gets the "marketed" in a foreign country bit.  15 U.S.C. §1111 doesn't mention that word or concept.  The TMEP does refer to "foreign applicants" and their use of the circle-R when marks are registered in foreign countries, but there's no mention of "marketed" there either.

Finally, the whole bit about "you would need to license" the mark may be wrong.  Whether or not you would need to do that depends on a lot of factors, including the similarity of your "mark" to the other party's, and the nature of your use, to mention a couple.

- Jeff