Q: How can I get T.R.A.P. Fitness LLC trademarked when there's already a live entry for a Trap Fitness for Pretty Girls?
My brother started T.R.A.P. Fitness LLC in Memphis, TN in 2019 for both male and female clients. Here is his website: trapfitnessmemphis.com.
Trap Fitness for Pretty Girls was registered in 2020 (Serial Number 88312626) (Registration Number 5953349) in Lancaster, TX.
The entry did say that no claim is made to the exclusive right to use "Trap Fitness" apart from the mark as shown.
One lawyer recommended that we file under another name.
T.R.A.P. Fitness stands for Team Resistance Aerobics Plyometrics Fitness? Based on USPTO basic word search,
no one has filed under that name.
Would it pose a problem if we filed for a trademark under the longer name?
A:
It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also at names that may be considered confusingly similar. If you have any other questions feel free to email me at benjamin@korraylaw.com
Thank you!
1 user found this answer helpful
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