Q: I’m looking to copyright a brand. I searched and there is currently a copyright for the same name already.
However, they are a bar/food copyright. I’m looking for a catering/clothing brand. How would this work?
A: I think you are confusing copyright with a trademark, as what you are describing sounds much more like you are looking to trademark the name of of your brand. In such a case, registration applications are filed with the US Patent & Trademark Office for the mark you are intending to use and protect. A mark can be protected in a number of International Classes, depending on the specific stream of commerce in which you are intending to use the mark. In this case, bar/food are arguably different streams of commerce from clothing, however you may run into a "likelihood of confusion" in catering, thus barring you from being able to register the trademark -- to make an accurate determination though, would require running a more thorough analysis of the mark you are referring to. If you would like further assistance or would like to discuss thus further, feel free to shoot me an email at: jason@altviewlawgroup.com
Marcos Garciaacosta agrees with this answer
A:
Good answer in here from Jason.
Depending on how different the uses are there may be cases where the brands can co-exist.
Contact and attorney to see your case in more detail and give you an assessment of your risks.
Marcos.e.garciaacosta@gmail.com
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