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Will my brand be protected by a trademark if an identical name is already registered in a different class?

Written by Jan Buza

Co-founder of Trama

Possibly. Two identical marks can coexist if the goods and services they cover are different enough that consumers are not likely to confuse the two sources. Whether coexistence is possible depends on how closely the classes and commercial activities overlap.

The closer the fields, in terms of the goods or services offered, the target customer, and the distribution channels, the harder it becomes to argue that no confusion would arise. A trademark attorney can assess the specific situation and give a realistic view of whether the earlier registration poses a meaningful risk.

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