Olathe, KS asked in Trademark for Kansas

Q: Can you sell something trademarked in a different good and service listed?

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta

A: It happens all the time

you need to do a serious analysis to make sure you are not stepping on anybody's rights



Bharath Konda
Bharath Konda
  • Trademarks Lawyer
  • Minneapolis, MN

A: Yes, it is possible to sell something in completely unrelated goods and services. You need to get a comprehensive trademark search analysis on the proposed use of the trademark. The trademark attorney needs to analyze your proposed use of the trademark with everything in the market including USPTO database, state databases, common law search, etc.

However, assume that you may probably get a cease and desist letter from the trademark owner about the use of the mark. Sometimes, trademark owners and attorneys aggressively use cease and desist letters to stop any use even unrelated. Legally they can't stop unrelated use and there is no likelihood of confusion. You also need to factor in whether this is all worth it considering the legal cost associated with responding to cease and desist letters. Therefore, please consider doing a self-evaluation of your economic resources, capabilities and the need to use that particular mark.

If you want to know more about trademark search, please check the trademark search necessity web-link below: https://affordabletrademarkattorney.com/trademark-faqs/trademark-search-necessity/

Good luck!

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