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Can my competition oppose the registration if they have a trademark in the same class but not for particular goods or services?

Written by Jan Buza

Co-founder of Trama

Yes. Two marks can conflict even where they cover different goods or services within the same class, if those goods or services are sufficiently related that consumers could confuse their commercial origin.

For example, a mark registered for "footwear" in class 25 could still face an opposition from the owner of a similar mark registered for "clothing," since clothing and footwear are commonly sold by the same brands through the same channels. If this happens, the examiner or tribunal considers whether the average consumer, encountering both marks, might reasonably assume the goods come from the same source.

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