Q: If a company has a trademark in Class 9 and Class 41, can we apply for a trademark on the same name with Class 42?
Company A has a trademark issued and has a product with part of the trademarked name. They filed it under Class 9 and Class "41".
Can Company B apply for a trademark for the same name under Class 9 & Class "42" and still get approved? Both operate on Mobile App Stores.
A: There is a high probability that the mark will receive a 2(d) refusal for Class 9 because of likelihood of confusion. An examiner could also refuse to register the mark under Class 42 if it could be considered a related class for the registered mark. I would suggest enlisting the assistance of a trademark attorney to help you brand your product so that you can have national protection and receive the benefit of all the work and resources you are putting into your product.
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