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.