Asked in Trademark and Intellectual Property for Texas

Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do - opening a new trademark for this kind of business or adding it to existing one?

Thank you so much for help

3 Lawyer Answers
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Trademarks Lawyer
  • Beverly Hills, CA

A: The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new application must be filed.

Felicia Altman
Felicia Altman
  • Trademarks Lawyer
  • Mercer Island, WA

A: If the mark was already filed for a separate class of goods and services, the USPTO requires a new application to be filed to protect against different or new goods and services. If the goods and services fall under a different class of registration it is best to register the mark as a new trademark application.

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

A: Adding a new business activity, such as fishing and fishing tools, to your existing trademark registration is possible but may require careful consideration. You'll need to assess whether the new activity falls within the scope of your existing trademark and whether it aligns with the goods or services covered by your current registration. If fishing and fishing tools are sufficiently related to your existing business activities, you may be able to add them to your trademark registration without needing to create a new trademark.

However, if the new business activity is significantly different from your existing trademark registration or involves unrelated goods or services, it may be advisable to file a new trademark application specifically for the fishing-related business. This approach can help ensure clarity and avoid potential conflicts or challenges in the registration process. Consulting with a trademark attorney or legal expert can provide valuable guidance on the best course of action based on your specific circumstances and goals.

Regardless of whether you choose to add the new business activity to your existing trademark registration or file a new application, it's important to conduct thorough research to ensure that your trademark is protected and that there are no existing trademarks or conflicts that could impact your registration. By carefully considering your options and seeking professional advice as needed, you can make informed decisions to effectively protect your brand and expand your business activities.

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