Can you have the same trademark in a different class?
Similar marks in different classes are usually not in conflict with each other, with one exception: similar marks for similar products which are sold in the same marketing channels may be in conflict even if they are registered in different classes.
Can two different products have the same trademark?
Generally, yes, different goods/services can have identical trademarks. The test is if there is a likelihood of confusion such that consumers would not understand the source of where the goods/services come from.
Can I trademark the same brand for different products or services?
So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that.
Can you trademark a name already in use?
A registered trademark offers legal protection to unique logos, designs and names your business uses. You can’t file to register a trademark that someone else is already using if they used the trademark first.
Can I register a trademark for services or products that are similar?
The trademark office can pinpoint registered trademarks that are similar to yours through the class and description of your service or product. But the similarity of a registered trademark to yours isn’t necessarily enough to keep you from registering yours if the services or products are dissimilar.
Can you have the same trademark as someone else?
So can you have the same trademark as somebody else as long as you are providing completely different products and services from that other trademark. And the answer to that is yes because when you register a trademark, you don’t get a monopoly over a word, phrase, or logo itself.
Can a trademark name be too confusing?
To be that confusing, the trademark names must be identical and must belong in the same services or goods class. The trademark office can pinpoint registered trademarks that are similar to yours through the class and description of your service or product.
What does same name same class mean for trademarks?
“Trademark, same name, same class” is an expression that means more than one business entity registering the same trademark name in the same product and service class with the United States Patent and Trademark Office (USPTO). There are several classes in which trademarks can be registered.