Q: Can 2 separate businesses register very similar wordmarks (US Federal Trademark) in different trademark categories?
Inspired by the 1964 movie My Fair Lady..
Company A successfully registers a word trademark called:
“My Fair Lady Beauty Salon”
(Under trademark category *SERVICES- 044 Medical, beauty and agricultural*)
One year later:
Company B wants to register a word trademark called “My Fair lady” for their cosmetic brand.
(Under trademark category *GOODS - 003 Cosmetics*)
A:
mmh, be careful.
You can try filing with the trademark office.
it is the owner's responsibility to monitor potential infringements.
The USPTO can go either way, but the original owner can file protests and oppositions.
Because cosmetics is close to the service of a beauty parlor you may (or not) have a basis for the complaint.
If they got the trademarks and time has passed, you may be out of luck.
Contact me if you have any questions.
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