Los Angeles, CA asked in Trademark for California

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?

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3 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Very unlikely will cause or can be claimed it will cause confusion

I recommend looking at something different

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

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.

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

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.

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