Posted by Michael Shimokaji | Jul 23, 2019 | 0 Comments

QUESTION: Can I file trademark infringement for a competitor in a different class? My trademark attorney messed up, and filed our trademark as ‘Business services featuring ethical clothing' instead of simply ‘ethical clothing' (trademark class 35 instead of 25). A new brand just formed with the exact same name, creating the same products, with the same mission. Would I be able to complete a cease and desist on this case, even though my trademark only covers the ‘business services' portion instead of simply the products?

ANSWER: Yes, if you were using your trademark on your clothing before the new brand started using the same name on their clothing. You can have trademark rights separate from registration.

About the Author

Michael Shimokaji

Mr. Shimokaji specializes in the health care industry, including medical devices, medtech, and life sciences. Over the last 30 years, he has also supported clients in industries as diverse as aerospace, apparel, chemicals, computer software, and telecommunications. His expertise includes infringement litigation, patent and trademark portfolio development, and intellectual property transactions.


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