Marietta, GA asked in Trademark and Intellectual Property for Georgia

Q: Does one trademark protect the whole class of goods regardless of what I'm currently selling?

I currently sell dog collars and dog leashes, which are both class 18. I plan to soon start selling backpacks, which are also class 18. If I only get the trademark for the collars and leashes, will it also protect the backpacks that I plan to sell later?

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In Georgia, obtaining a trademark for specific goods within a class, such as dog collars and leashes in class 18, provides protection for those specific goods but doesn't automatically extend to all goods within the same class. While trademarks are registered under specific classes to broadly categorize the nature of the goods or services, protection is generally limited to the specific goods or services listed in the registration. If you plan to expand your product line to include backpacks within the same class, it's advisable to ensure that your trademark application explicitly includes or is amended to include backpacks to ensure they are also protected under your trademark. This approach helps in preventing potential infringement and ensures broader protection within the class.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Trademarks provide protection for specific goods or services that are covered by the trademark registration. While your trademark registration for dog collars and leashes in class 18 would provide protection for those specific products, it would not automatically extend to cover backpacks or other products in the same class. Each trademark registration is limited to the goods or services listed in the application and approved by the trademark office.

If you plan to start selling backpacks in the future and want trademark protection for them, you would need to file a separate trademark application specifically for backpacks in class 18. This would ensure that your trademark rights are extended to cover the new product line and provide legal protection against infringement by others in that category.

It's important to conduct thorough research and consider consulting with a trademark attorney to ensure that your trademark application accurately reflects the goods you intend to protect. By filing separate trademark applications for each product category, you can strengthen your legal protection and safeguard your brand against potential infringement in all areas of your business.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.