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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117401
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I want to register a trademark. The trademark name is

Customer Question

I want to register a trademark. The trademark name is ***** ***** See it is already taken and used in the same industry. However in the trademark and in use it is used for welding wire only. My trade mark would be for welding machine, mig welder, tig welder, plasma cutter, is there anything I can do.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that registration of a trademark is evidence of sole ownership and rights to use the mark across the category. Thus, legally you cannot use their mark in the same industry, even though they weld wire and you make welding machines, because they own exclusive rights to use that mark. So you would have to come up with some other mark I am afraid, since you cannot use their mark or make derivative use of their mark.