Brookings, SD asked in Trademark for South Dakota

Q: We are strictly a local business in SD, and we want to trademark "Handcrafted In the Name of Beer" but "In the Name of..

Beer" is already trademarked by a company in FL, who only does business in FL. Could we trademark ours and be safe? Would we legally have issues or is this allowed?

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1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
  • Trademarks Lawyer
  • Dallas, TX

A: You may be able to register a state level trademark, assuming the other company has a state level trademark and not a national level trademark. It is also possible that there may be an error in the other company's trademark filing or that you have superior rights to the mark based on prior use. I would speak with a trademark attorney to see what your options are.

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