Asked in Trademark and Intellectual Property

Q: If a name is registered to be used in one section ( clothing ) can this still be used for other type of business (food)!

I have online checked the name and its registration details,, and it clearly reads that the name is for clothing ( different types ),, could this give me the right to use and register the name for food ( restaurant ) business ?!

1 Lawyer Answer
Morgen Bowers
Morgen Bowers
  • Trademarks Lawyer
  • Chatham, NY

A: I hate to say it, but it depends. Certain classes the PTO considers close enough that there may be a natural extension. If it is a very famous mark (like Nike, Coca-Cola or Planet Hollywood), than this is more likely. Especially, if the marks are exactly the same. Classes with goods which are completely different (like tires and charitable services), especially if there is some variation in the mark, this is less likely a problem. This is probably something you should discuss with your lawyer.

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