TRADEMARK INFRINGEMENT IN DIFFERENT CLASS OF GOODS

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

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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