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Can I register an existing trademark in a different class?

Can I register an existing trademark in a different class?

A trademark is registered to a specific class, meaning different businesses can register the same trademark in different classes. Each business has to restrict the use of their respective trademark to the class they registered in.

How do I change the category of a trademark?

Trademark Modification Procedure The modification application can be filed by applicant in concerned form i.e. TM-M or TM-P with supporting documents. The mode of application can be online or physical filing by payment of prescribed fee. The application once filed will be scrutinized by the registry.

Can I use a trademarked name in a different industry?

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Yes, the similar word mark as Trademark can be registered in different industries. The rule regarding the infringement of the trademark is that the customer should not get confused between the identities of the product of the trade mark and the product having the same mark like trademark.

Can Trademarks be extended?

The extension can be requested as often as you want to that means every time the trademark protection has expired. For this purpose no big effort is required, you only need to file an application and pay a renewal fee.

How many classes should I register my trademark?

You should choose more than one class to apply to your trade mark if multiple classes are necessary to properly protect all the goods and services in which your business trades.

Can I add a logo to my trademark later?

If you file a trademark as a name and a logo combined, then you must always use that exact combination on your products or services. This allows them to use the trademarks like legos, and either put them together or take them apart however they’d like.

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Can you amend a registered trademark?

U.S. Trademark Law permits amendments to existing trademark registrations, provided that the changes are not a “material alteration” and do not alter the “commercial impression” of the trademark. Not all changes to a trademark are permissible.

Can two clothing brands have the same name?

Two companies can have same name of trademark in same class provided have different goods. There are various goods cover under one class, if a company register a trademark for one goods then another company can register the same name for other goods.

Can two companies use the same trademark?

Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business’s trademarks when they are conducting business. It is still possible for two different businesses to have similar names are marks.

In what aspects the use of a trademark can be extended?

The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Trademark renewal preserves those rights which are only available to a registered mark. For example, a registered trademark has the benefit of the legal presumption of ownership.