Q: If someone has a Trademark in the same market (Fitness) but for different goods & services can I still use the name?
Example- If someone was a Trademark with the name "GLO" for a fitness website. And their goods and services solely cover the creation of any fitness sites or blogs that provide non-downloadable articles for advice on fitness, Could I trade mark the name "GLO" for a fitness clothing brand?
A:
Very unlikely will cause or can be claimed it will cause confusion
I recommend looking at something different
A:
Many more facts are required for an answer. One factor, among many, is the number of marks including "glo."
This might affect how close another party can get to GLO.
Also, this question asks for a yes-no answer. The answer depends on many things. Many attorneys give no-obligation initial consultations so that the complexity of work needed can be determined.
If you are serious about investing in a fitness clothing brand it may be wise to contact an attorney to get more information.
A: An application to register a trademark with the USPTO that is very similar or identical to another registered trademark in the same (or related) class of goods or services could result in refusal to register the trademark due to likelihood of confusion. There are many factors involved however so an attorney should be consulted for more information.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
