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FLCORPLAWYER
FLCORPLAWYER, Attorney
Category: Business Law
Satisfied Customers: 4618
Experience:  23 Years business & securities law, NY and FL bars. SEC all states.
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I trademarked my product, it is a pet product and I am currently

Resolved Question:

I trademarked my product, it is a pet product and I am currently selling the product locally.

At the advice of others, since my trademark name is XXXXX XXXXX X filed for a trademark.

I did it myself through the USPTO.gov website and the trademark is pending registration. I paid to have a professional search done prior by someone the equivalent of a US trademark examiner and no one had registered it so it should be accepted within the next few months, I hope.

Here's my question....almost

I only paid to Trademark my name under 1 goods/services class as that is the only way I currently market it.

It would however, be easy for someone else to change the formula slightly and sell it in a liquid form but still as a pet product to the same target market as me.

Can someone trademark the same exact name and sell it under a different class to the same market.

Not sure if it makes sense. I did things correctly but when it came to the part of the application where you select from the list of goods and services, it gets pretty specific. So could someone make almost the same product but in a liquid form and call it the same name?
Submitted: 3 years ago.
Category: Business Law
Expert:  FLCORPLAWYER replied 3 years ago.
NO. It would be an infringement of your mark. It would actually be easier for them to call it something different and market it in the same form you do since you have a trademark but not a patent. (But you were smart to go this route since marks are easier to defend than patents).
Customer: replied 3 years ago.
Okay I thought so, and I appreciate your answer which I will accept, just one more detail to be sure. It is a powdered nutrition formula that you mix with water and feed your cat or dog. Could someone sell bottled pet water under the same name?
Expert:  FLCORPLAWYER replied 3 years ago.
NO. The product is too close to yours and would violate your mark. They can try it but you could stop them.
FLCORPLAWYER, Attorney
Category: Business Law
Satisfied Customers: 4618
Experience: 23 Years business & securities law, NY and FL bars. SEC all states.
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