Q: Can I claim a trademark that contains a word that is ALREADY trademarked? Doctor Tasty's Mega Bites vs "Megabites"
I own a food truck business called "Doctor Tasty's Mega Bites" and we are considering franchising.
When I did a mark search, I noticed Churches Chicken trademarked "Megabites" for a chicken nugget they released in late 2017.
Is it likely our mark would be rejected because it contains their mark and we are in the same general industry? Or would the "Doctor Tastys" make it different enough since that is the focus?
A:
It will definitely be rejected. A patent attorney could very likely overcome that rejection, however. Feel free to set up a consultation with me.
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