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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3425
Experience:  Experienced in intellectual property law
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Quick question and I am pretty confident in the answer but

Customer Question

Quick question and I am pretty confident in the answer but want to check:
Related to beverage law and trademarks.
If a company owns a trademark for a brand name (we will call it "blahblahblah") under class IC 033. US 047 049; G&S: distilled spirits;
Can another company own a trademark on the same word ("blahblahblah", in the same class - IC 033. US 047 049; G&S: wine??
So -- Is there room for more than one trademark on a name, owned by different entities, if one of the products is distilled spirits and the other product is wine?
Submitted: 10 months ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 10 months ago.

The standard of review at the PTO is whether there is a likelihood of consumer confusion between the marks, which depends on the similarity of the marks and the similarity of the goods/services. here, the marks are the same AND the class of goods are, while not exactly the same, similar....so the chances of a rejection on that ground is fairly high. So the quick answer is NO....there is probably not room for those two marks, but if you believe that for various reason(s) there would be no consumer confusion in reality then you can take the chance, file the mark, and argue it with the PTO if they reject on those grounds (using a TM attorney of course). The cost of filing a TM application is fairly low so there is not much risk in trying and seeing what the PTO thinks.