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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3175
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I received a search result in regard to a TM that I'm trying

Customer Question

I received a search result in regard to a TM that I'm trying to file on class 009 & 025. None of the companies that the search result came back in the same class. Do you feel that I would be OK in proceeding?
Thank you,
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Thomas Swartz replied 1 year ago.


Yes, it be worth it to proceed with your trademark application. Trademarks are given in relationship to the class of goods or services that the trademark is being used in. If you want to use a mark which is the same or similar to an existing mark, but the existing mark is being used in a different class of goods or services, it is likely that the Trademark Office will grant your application. The test for the Trademark Office is always whether there is a likelihood of consumer confusion with respect to the source of the goods or services represented by the trademark. But if the same mark is being used in different classes of goods, then there is a small chance of consumer confusion and most of the time the Trademark Office is ok with both marks being used by different applicants. It is best to wait for a decision from the Trademark Office before actually using a mark, but since the application fee for a trademark is relatively small, it is my opinion that it is worth it for you to proceed with a trademark application.


Customer: replied 1 year ago.
Would you mind quickly looking over their search results? See attached files.Thank you so much for your help,
Customer: replied 1 year ago.
BTW, I'm filing for IC 009 and 025.Thanks,