Q: Trademarking a short phrase
I'm looking to trademark the words "King Fit" in the standard charter mark format. However, it is currently trademarked under the "(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM" format. Would I be successful if I tried to trademark it under the regular "(4) STANDARD CHARACTER MARK" form? Thanks!
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A: If you're going to be in the same class of goods or even arguably remotely close to the same industry you are treading on thin ice. It's problematic because a) it's the exact same phrase, b) you know of the other claim of ownership over the mark, c) the standard character mark is more general, so you'd be claiming rights that are more expansive than a stylized mark and prior use or first use would be unlikely for you to prove.
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