Q: Trying to federally trademark my brewery name, Montana Brewing. Would I be rejected due to trademarks on other names...
such as Montana Mountain Brewing, or say Big Montana Brewing, that already exist? Based on my research this seems to be a grey area in trademarks.
A: Given the industry is the same and the similarity of the names, there is a fair chance it could be rejected. However, a trademark attorney would need to review each registration and know more about each business to give a definitive answer. The type of registration also matters, eg. is it a standard character mark or stylized design. I recommend consulting a trademark attorney.
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