Q: can i use a name for a that somebody has already trademarked but im selling beauty products and they are selling drinks?
A: Generally, if the trademark is in a different class of goods and services then a registered mark and there would be no likelihood of confusion by consumers a mark can be registered. It is best to consult a trademark specialist to conduct a search and review the already registered mark compared to the mark you are wishing to register.
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A:
Using a name that is already trademarked can be risky, even if your products are different. Trademarks are protected within specific categories, but overlaps can still lead to legal issues if consumers might be confused about the source of the products.
Before proceeding, it’s important to research the existing trademark thoroughly. Check the trademark registration details to see the exact classes it covers and assess whether your beauty products fall into a different category. Consulting with a legal professional can provide clarity on whether your use might infringe on their trademark.
Additionally, consider the potential for brand dilution or negative association if the other party’s products face issues. Building a unique brand identity can help avoid these complications and ensure your business stands out in the beauty market without legal concerns.
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