Patchogue, NY asked in Trademark for New York

Q: Is there a difference when applying for a trademark for a brand (X-Kitchen) vs. trademarking items that brand sells?

What's the purpose for listing the items the brand currently offers? Thanks!

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1 Lawyer Answer
Barry E. Janay
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Answered

A: It all depends. Of course you can trademark the brand, which identifies the source of the goods / products / services. You can also trademark the name of a product sold by that brand, which again identifies the source of the goods / products / services. Think of a large company like Coca Cola, they of course own a registered TM for COCA COLA, but they have a number of sub-brands like Dasani, etc. all of which are covered by separate trademarks which provides them each with separate protection. You'd probably benefit from just having an attorney review your company and it's offerrings and seeing which ones are probably worth going for a trademark registration on and which are not.

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