Fort Lauderdale, FL asked in Trademark for Florida

Q: If a name is already registered but under a different class would I still be able to file for a new trademark?

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3 Lawyer Answers
Steve Charles Vondran
Steve Charles Vondran
PREMIUM
Answered
  • Trademarks Lawyer
  • San Francisco, CA

A: Generally speaking, the same name (trademark) can be used in different categories as long as there is no "likelihood of consumer confusion." For example, there is the Lexus car, and the Lexis legal research software (which I use). This is not legal advice. Consumer confusion is many times the key issue. Good luck, see you at the top. Attorney Steve®

Marcos Garciaacosta agrees with this answer

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL
  • Licensed in Florida

A: A proposed trademark should not be used if it is confusingly similar to another trademark that is being used in the same or related class/category. This includes unregistered trademarks. Consult with an attorney for guidance in this process.

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: Whether it gets approved or not, and whether you may get issues with other people using it before you will depend the similarity of the goods and services of the other marks.

A good example is DELTA, for plumbing/faucets, airlines, dental services and electronics/power supplies.

All are different, very different applications so confusion is very unlikely

Consult with an attorney.

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