Name Issues of Game, ex Mistic Legends and Mystic Legends

I have just found out from users on the forum that another company is creating a game with almost the same name as mine.
Theirs is Mystic Legends @ Mysticlegends.net
Mine is Mistic Legends

Both are medevil type games and both are in dev. MMO's. We both apparently start at about the same time also, they may have possibly started before us or we may have started before them.
I would like some help on the legal part of this...would this pose a problem in the future?

1. Have you filed a trademark?
2. Have they filed a trademark?
3. What did your lawyer say? :-)

1. No
2. I will have to check
3. Nope..., to expensive...

Do you know where the least expensive place would be to register a trademark?

It seems that the lowest I can pay is 325 to the US Trademark.

Trademarks aren't easy to get, unlike a copyright which is just a matter of sending in the form with your work.

A basic search did not turn up a filing for either name. Unless you see this as having a large revenue stream, which seems unlikely based on the information I have, then you're probably under the radar.

You can go ahead and develop your game, and at worst you'll probably get a cordial cease & desist letter, at which point, assuming you aren't violating anything else, just change the name. But the likelihood of a lawyer bothering to write to you at all, from what I see, is probably pretty slim.

I don't know what this other company is you're "competing" with for the name, but from their page it doesn't look like they've got much of an edge on you ...

In a court, a judge may rule you can peacably co-exist. Just like there's a thousand songs called "Fire" ...the song is (C) and the band name is (R) but the song title is a freebie not subject to either. This is all case by case, however, obviously you can't make a football game called "Madden"

Ok, thanks for your help!