Q: Can I use a trademarked name for a business if the goods are completely different?
I would like to use the name Wookiee as part of our business name. We sell cookies and baked goods.
As per checking via this website, Wookiee is trademarked but for clothing, toys and headgear.
Is this possible?
A: It is possible to use a trademark so long as there is no likelihood of confusion between the trademarks and the marks are not being used in the same or related class/categories. However, it is still important to ensure that neither the trademark owner nor any other person is using the trademark in the same or related class/categories because common law rights may accrue without registration. Consult with a trademark attorney to assist you.
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