Q: Are trademarks only valid for the category they are registered for?
Hi, looking to use some key words in a small online shop I have opened and am wondering if trademarks are only valid for the category they are registered in. For example: If i wanted to use a term in the title of an item listed for a t-shirt or sweatshirt, is this allowed because the trademark for that term is categorised under 'Education; providing of training; entertainment; sporting and cultural activities. - Education; providing of training; entertainment; sporting and cultural activities.' Or do I have to stay clear of it all together.
A: Yes, trademarks are only protect the mark in connection with the class it is registered in as well as the good and services description related to the mark. A similar or identical mark can be registered in a completely different category and in connection with a different set of goods and service as long as it does not create a likelihood of confusion with another already registered mark.
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