Can you trademark a name under a category U don’t sell in order to stop someone else from using the name for that good

Question

I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is another state.  I am on the web with a bigger foot print as I invested more time since I’ve been using the name longer than this idea and name thief. How can she receive trademark for providing product specimen in a category she has not applied for and present it as a category that it doesn’t fall under? This is a shady attempt to stop me from using the name until she can come up with products in my category. Because she abandoned her category to stop me in mine. She has trademarked every use except the one she is selling on her website and all social media platforms. She has avoided all platforms my business is on to sneak by me while she worked out her deceptive attack.

Thomas James · Answer

The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here: https://thomasbjames.com/the-trademark-modernization-act-tom-james/ 
 
You should consult a trademark attorney near you who is familiar with the TM Act.

Thomas James · Answer

I should add that the petition may be brought to cancel a trademark that has not been used in the claimed category of goods/services, as well as trademarks that have not been used at all.

Q: Can you trademark a name under a category U don’t sell in order to stop someone else from using the name for that good