Looking for some Trademark advice

[Biohyt]

Hi All,

I want to register a text-only brand name (lets say: ABC). When I search the registry, I find out that ABC is registered under class 35 (which is the type of trademark class i'm interested in), but the trademark contains ABC+foreign alphabet characters, so its registered as a "Figurative" trademark, as follows:
Mark type: Figurative /// Mark text: ABC
Do you think I can register ABC, under the same class (35), without any logo? (just as: ABC)
If not, how can you explain other trademarks registered under the same class, even though they belong to different businesses?
And, if making a text-only registration provides greater protection, can I use this in my advantage and register ABC as a plain text (as the existing trademark type is figurative) ? Even though their mark text is recorded as: "ABC" only, actually their logo is like ABC+foreign letters so I would like to hear your thoughts.
Thanks

 

[Frank the Insurance guy]

Hi @Biohyt ,

Why are you considering this?

Why not choose something different so there is no potential future issues.

Surely better to start off "clean" rather than trying to find a work around and have potential issues later - even if you sort it out legally and correct, it doesn't stop the other business making allegations. Once they do that you will have legal costs in trying to defend your case etc, even if you are 100% in the right!

Better to avoid this at the outset and choose another name.

 

[Paul Kelly ICHYB]

Ultimately, the only way to find out is to try to register, which you can do yourself.

 

[fisicx]

Can you afford to defend your trademark should it be accepted?

That being said, if there is a chance of confusion your application will probably get rejected.