Trademark – Duplicate Phrases, Different Business

Posted by Michael Shimokaji | Apr 22, 2014 | 0 Comments

Question: TRADEMARKS – duplicate phrases but different business/industry?

For example: I found a phrase (no logo) in USPTO and they specify under goods and services – “canned foods, packaged foods……etc” But with the same phrase AND logo, my business line would be specifically for apparels. Can I register that same phrase? My thought being it is a separate business.

Answer: If the two trademarks are for different industries, this would weigh in favor of you being able to register your mark, but not a guarantee.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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