Asked in Trademark for California

Q: Hi I can see that Home Body is trademarked but seemingly as a book. would i be able to put the phrase home body on a top

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Depends

It depends on how the other mark is used and whether they may file an opposition to your application

Even though they are different applications it may be considered confusing

Consult with an attorney

Kathryn Perales agrees with this answer

Robert Philip Cogan
Robert Philip Cogan
Answered
  • Trademarks Lawyer
  • San Diego, CA
  • Licensed in California

A: If you are going to invest any money in this, consulting an attorney would help you to make a business decision on use of the mark.

The facts stated in the question do not give enough information. "Seemingly as a book" needs to be defined. The ability to use a mark depends on many legal and factual considerations.

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