Q: If a Service Mark is already registered for a name that I want to Trademark for a product, would the TM appl be approved
I checked the USPTO for the name I wanted to trademark ("Sincerely Sweet") for a line of dolls I designed and want to sell. There is already a Service Mark "Sincerely Sweet" for a retail store selling a "variety of products" made from other companies. Would I be able to trademark "Sincerely Sweet" for the dolls even though there is the other Service Mark with the same name - it's hard to tell what classification of goods they are selling, but I would like to try to trademark the name any way.
A: The other service mark makes it more difficult for you register the same words. A trademark attorney would need to review the variety of products sold by the other mark owner to determine whether your trademark application is likely to succeed. You should speak with a trademark attorney about your potential application.
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