Brooklyn, NY asked in Trademark for New York

Q: If a trademark is live but has no date of publication - can I file for trademark under same class?

My registered business name matches my trademark (under a different class), but someone filed for a class that would infringe on part of my website's services. There is no date of publication to oppose but its still listed as "live". Should I go ahead and file for the same class with my description or wait until I can oppose? I want to make sure I'm protected

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1 Lawyer Answer
Erik Špila
Erik Špila
  • Trademarks Lawyer
  • Senec, Slovakia

A: The action you are proposing can definitely make some harm and infringe someone else rights. I strongly advice you to seek IP professional attorney in your area so he can advice you more in-depth as there are more details needed to be provided from your side.

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