Tallahassee, FL asked in Trademark, Real Estate Law, Business Formation and Intellectual Property for Florida

Q: I want to make an underwear line with a specific name, but the name I want to use is already trademarked. Can I use it?

It's trademarked for Real Estate agencies and Real Estate Brokerage. This is a different industry than I would be in so does it really matter?

2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta

A: You should consult with an attorney to understand your risks

In general trademarks can coexists if they are in different categories that there is no chance people can get confused as of the origin of the product or service

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

A: The USPTO may refuse to register a trademark if there is a likelihood of confusion between the proposed trademark and a registered trademark. Trademarks in unrelated categories of goods or services may be acceptable. However, it is important to consult with a trademark attorney to assist with a trademark search to determine if there are other similar trademarks in use (which may or may not be registered) in the same or related class/categories, since this may give rise to a claim of infringement.

Timothy John Billick agrees with this answer

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