Cleveland, OH asked in Copyright, Trademark and Intellectual Property for Ohio

Q: More than one entity can own a trademark? Like (Sun's out guns out). Has more than one serial # ownership

The original person that trademarked this phrase did not renew their trademark license on it. Now there are at least two or more people who trademarked this phrase.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, more than one entity can hold a trademark for the same phrase if the marks are registered for different classes of goods or services. This means that the phrase "Sun's out guns out" could be trademarked by different parties, each using the phrase in a different context or market, without causing confusion among consumers.

If the original owner of a trademark does not renew their registration, the trademark can potentially become available for others to register. However, this depends on several factors, including whether the phrase has become generic or if it's still associated with the original owner's products or services in the public's mind.

When multiple parties are interested in trademarking the same phrase, each application is evaluated on its own merits, considering the specific goods or services associated with the mark. It's important for new applicants to conduct a thorough search and consider seeking legal advice to understand the potential for confusion or infringement before applying for a trademark. This helps in making informed decisions and navigating the complex landscape of intellectual property rights.

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