New York, NY asked in Trademark for New York

Q: Are camera gear brands and clothing brands considered distinct enough industries in copyright law?

I am hoping to start a new clothing brand and would like to use the name "The Long Weekend" but in my research I came across a brand that sells camera bags and gear called "Long Weekend" who's logo has a registered trademark symbol. I have been trying to find a record of their trademark in a public database and I cannot. In addition, I am wondering if these industries are even close enough for this to be considered trademark infringement? I would like to apply for my own trademark but do not want to waste time if the application is likely to be rejected. Any advise is appreciated!

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1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
Answered
  • Trademarks Lawyer
  • Beverly Hills, CA

A: A trademark registration for camera bags or equipment would be in Class 009, and apparel is in Class 025, so that is not a problem for you.

There are, however, two existing registrations for LIFE IS ONE LONG WEEKEND in Class 025, which may be considered as likely to be confused with THE LONG WEEKEND:

Regs 2079256 and 2100425, issued in 1997, now owned by Tommy Bahama Group.

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