Can i trademark the same name in a different class [Expert Advice]

Last updated : Sept 28, 2022
Written by : Mui Ogbonnaya
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Can i trademark the same name in a different class

Can I use a the same name in a different class of trademark?

However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.

Can you add a class to an existing trademark?

It is not possible to add a class or other products to an already registered trademark. It will be necessary to proceed with a second trademark registration with an increase of costs.

Can there be 2 trademarks with the same name?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

Can a company sue you for having the same name?

Trademark Registration Then, the owner can face a lawsuit for using the same name as someone else even if the second party registered a trademark for the company after the first owner created the company. These situations usually require the services of a lawyer to both understand and pursue.

Can I trademark multiple classes?

Yes, the USPTO allows applicants to file a single trademark application covering goods and/or services spanning multiple classes. The USPTO filing fee is charged for each class in a multi-class trademark application.

How do I register a trademark in multiple classes?

  1. Trademark Search. Trademark owners/companies need to do a trademark search for each trademark class under which it wants to apply.
  2. Filing Trademark Application.
  3. Examination of Application.
  4. Opposition to Application.
  5. Registration Certificate.

How do I add more classes to my trademark?

Adding a class to a registered trade mark However, once you've registered your mark, you can't expand the scope of protection - you can't add extra classes or alter the representation of the mark (eg change your logo). You may need to file a new registration to protect your existing trade mark under different classes.

Can I trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Can someone steal my business name by registering it as a trademark?

Anyone can snatch up a business name and use it for their own business. There's no one uniform database or agency that ensures only one business is using a specific business name. That's how we often see very similar company names that aren't related by franchise or corporate ownership from one state to another.

What if your company name is already trademarked?

If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. Trademark issues can be complex. In trademark infringement cases, courts look at whether consumers would be confused by two businesses that operate in the same industry.

What if my business has the same name as another?

If your exact business name is taken by another company, your state's Secretary of State will not permit duplications so as to avoid confusion. That said, you can run into trademark issues if your business and another's fall within the same category or are substantially similar.

How many classes can you register a trademark?

Multiple class trademark registration application is also known as class 99 trademark. The Indian trademark law allows both these trademark applications. Multiple class trademark application is done when the proprietor is applying for trademark registration in more than three classes.

How many trademark classes do I need?

The USPTO trademark classification system divides all goods and services into 45 trademark classes – 34 for goods and 11 for services. There are many goods or services that fall into each class, and they're not always obvious from the class name.

Can you file multiple trademarks at once?

Only one mark per application In other words, you may not register multiple trademarks in a single application.

What is a Class 35 trademark?

Trademark Class 35 is a service category that includes a range of business and professional services. Most of the included services help with carrying out, managing, or advertising a commercial or industrial enterprise.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can you modify a trademark?

If it can't be processed in time, your trademark will be published as is. However, after your trademark is registered, you can request changes by filing a Section 7 Request for Amendment or Correction of Registration Certificate form.

Can you add a logo to an existing trademark?

You may be able to amend your national U.S. trademark registration to cover the most current version of your logo, so long as the new logo isn't a “material alteration” of the original registered logo. This allows you to preserve your original priority date that is associated with your old registration!

What names Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

Should I get a trademark or LLC first?

It is important to get BOTH an LLC and a trademark and it is best to form the LLC BEFORE applying for a trademark. Each offers different protections, and they work together to provide broad protection for your business. It is better to form an LLC before filing a trademark application.

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Can i trademark the same name in a different class

Comment by Beula Schlinger

can you get a trademark if someone else is already using your name the answer is maybe just maybe it depends upon a few things let's talk about them first if someone else is already using your name but they don't have a registered trademark then you just might be in luck so let's say that you've been operating I don't know Sam sandwich shop and is another Sam sandwich shop in some other part of the country or the world that's been using their name longer than you if they didn't file for trademark protection first you can still race them to the trademark office file your application and possibly get your trademark rights first so just because someone else is already using your name even if it's in connection with the same business as you you could still obtain trademark protection but what if someone has already filed for trademark protection for their name before you and has trademark rights can you still get trademark protection the answer is still maybe alright I'm chock full of good news today so two companies with the same name can both have trademark rights so long as they have different types of goods or services this might surprise people because you may think that once you have a trademark you get a monopoly or exclusive rights to use your name but that's not the case you only get exclusive rights within the same classes or categories or types of goods and services that you offer so think about Delta the airline and Delta the water faucet company both are called Delta both have trademarks and they're allowed to do so because consumers aren't really confused they don't think that the same company that flies planes also helps you get water from your sink so if you have a name that you want to get protected but you're worried because you see somebody else is out there online using it or you know that they have a registered trademark you're not dead in the water yet by contacting a trademark attorney they can run what's called a trademark clearance search and be able to determine one what is your likelihood of success of getting a trademark based upon what other trademarks have been filed before you or what roadblocks might exist for you obtaining trademark protection and by having that information you and your trademark attorney can come up with a plan of how to protect your business name or logo and get all those wonderful and exclusive rights that come with trademark protection but you might be thinking Ethan what are these wonderful benefits that come with getting a trademark I'd love to tell you about them but you've already been watching this video for like two and a half minutes so instead I invite you to visit trademark Tuesday's com where you can download our free guide called how to protect and grow your business or brand with trademarks and it's going to provide you with answers to all common questions about trademarks such as what is the trademark process what are the benefits or what will happen if someone else uses my name so visit trademark Tuesdays dot-com download your free guide and get all those juicy answers to those tough trademark questions that you've been thinking about there's actually coffee in this cup okay not much less but you were thinking I was faking it uh-huh it's coffee it's cold but there's coffee

Thanks for your comment Beula Schlinger, have a nice day.
- Mui Ogbonnaya, Staff Member

Comment by Ricky

a client calls me says he wants to trademark a brand he knows it's being used by another company but it's in a different category one of those categories you reflect in your application to the USPTO the trademark office of the US government anything very early on you have to keep in mind that while you're filling out a trademark application you have to indicate the category in which your brand is working meaning if you are using that specific brand for clothing retail you need to indicate that that's not the same as saying that your brand is limited to that one category and everybody else can choose any other category they want to still use your brand why it's because the basis of trademark infringement is consumer confusion it's nothing to do with categories if a consumer will be confused but the usage of if that your brand in a different category but will be confused as to the source of that brand meaning they will think it's your brand that's going to be a problem so while the application demanded and while the application says that if you want to choose multiple categories you've got to pay for those multiple categories your brand your usage of that trademark for that Brian is not really going to be limited only to that category so when it comes to trademark infringement where they're looking at whether or not you've infringe on somebody else's trademarks they're not only going to be concerned with whether or not you are the same category they're going to look at whether or not you're in logical categories that other applicants would logically be involved in so while somebody might have an application with a specific category like a retail clothing his brand might still get protection in wholesale you might get some protection in related items like outside of clothing like home goods or house products or maybe some electronics depending on what's common in that industry and what other kind of manufacturers and retailers have been involved in so when looking at your trademark and noticing that somebody else may have a trademark in it another kind of category always ask yourself if you were to present this to the market to the consumer it is likely that the consumer will be confused by that mark thinking that your product your mark with your product might be related to products associated with the other come trademarks are not about exactly it's about confusion about whether or not the consumer be confused after the source as to the manufacturer as the retailers whoever providing that one product to always look at it from the side of the consumer so is your brand going to be confused with somebody else's brand because even though they're in different categories they have the exact same name if you have any questions any concerns any issues you want to discuss just leaving down below I'd love to talk see you next time

Thanks Ricky your participation is very much appreciated
- Mui Ogbonnaya

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