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I would like to trademark a name for a smartphone app for combat

sports/martial arts. The name in...
I would like to trademark a name for a smartphone app for combat sports/martial arts. The name in question is already trademarked under international class 28 as a training apparatus for martial arts. Would my trademark stand a good chance of being accepted? What IC should I file as?
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Answered in 13 minutes by:
9/3/2013
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 39,498
Experience: Retired
Verified
Hello,

In order for a trademark to sustain a registration, it must not interfere on its face with a preexisting registration. You are describing two different uses, so on its face, the trademark is not infringing.

However, if the same trademark is already registered by a competitor, and the USPTO officer determines that substantial evidence demonstrates that the two trademarks will be confusing to the ordinary consumer, then the officer can deny registration.

Moreover, even if you successfully register your trademark, you could be later challenged, under the theory that the competitor had prior use of the trademark, and that it is causing confusing in the marketplace.

On balance, you may end up spending money here and then losing your trademark registration, after spending even more money defending your interests in court. Given that circumstance, you may want to reconsider your trademark, because there is a fair amount of risk associated with your contemplated registration and use.

Assuming you decide to take the risk and register, IC 9 is the appropriate registration code.

Hope this helps.
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 39,498
Experience: Retired
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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