Q: I want to trademark a name that another business has registered but with an additional word to that name.
For example, another business has registered and is trademarked as Billy Bob but its website is named Billy Bob Enterprises and it conducts swat training and does not sell clothing items, but is registered under goods and services:t-shirts, hats, etc. I would like to register and trademark Billy Bob Tees under the same goods and services. Is this possible or can this be rejected by the USPTO.
A:
Yes, it is possible (perhaps even likely) that the USPTO examiner will reject your application based on the other registration. If you are interested in securing a federal registration, it may still be possible, but it would take more attorney time (and thus cost) responding to an office action to point out that there is no potential consumer confusion because the prior registration contains an erroneous classification for its goods, and that the company behind the product isn't selling goods in that class.
Good luck!
Griffin Klema
https://klemalaw.com
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