Austin, TX asked in Copyright, Intellectual Property and Trademark for Texas

Q: Can I create a trademark called "Stay Classy Girl" if "Stay Classy" is already taken?

1 Lawyer Answer
Tania Maria Williams
Tania Maria Williams
PREMIUM
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL

A: It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among consumers. However, just because a mark is not registered in a particular class doesn't mean that it is available. You should consult a trademark attorney to do a comprehensive search for you so that you don't invest time and money into a mark that you cannot protect. I can help you with that. Feel free to contact me at tania.williams@williamsfirmpa.com.

Barbara Berschler agrees with this answer

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