Trade mark question - simple.

[MarccNiee]

Hi,

Can I registered a trademark (word) that is already registered as an image (with the same word in it)? This word is not registered as the word trademark.

It would be for the same class as the image trademark.

Regards

 

[dotcomdude]

You can definitely apply, but the prior rights holder will normally be advised and given the opportunity to object to your application.

Basically, if they have plenty of money I’d move on to something else...

 

[AdamTMA]

There are common misconceptions about the class system and trade marks. Purely because two goods/services are in the same class does not automatically mean they are similar. e.g. class 9 has both computer software and sunglasses - such goods are unlikely to be considered to be similar.

What goods/services have they registered, and what are you thinking of registering?

 

[The Byre]

A TM does not have to be registered to be valid and viable. If someone is trading as X in your field then that name X is gone and you can't use it.

 

[MarccNiee]

There are common misconceptions about the class system and trade marks. Purely because two goods/services are in the same class does not automatically mean they are similar. e.g. class 9 has both computer software and sunglasses - such goods are unlikely to be considered to be similar.

What goods/services have they registered, and what are you thinking of registering?

It's a name for a clothing brand. The other company that has their logo registers have 3 other classes not related to clothing. Other classes are; Computer software applications (class 9), Advertising (class 35) and Entertainment (class 41).

As as description of product they sell under the class 25 (clothing) they listed products that is also not related to what I want to sell.

They don't have their name registered separately, only the logo with a word.

 

[paulears]

Is there any chance your name and their name could be confused by the public? If there is you need to find a new one for common sense reasons

 

[AdamTMA]

It's a name for a clothing brand. The other company that has their logo registers have 3 other classes not related to clothing. Other classes are; Computer software applications (class 9), Advertising (class 35) and Entertainment (class 41).

As as description of product they sell under the class 25 (clothing) they listed products that is also not related to what I want to sell.

They don't have their name registered separately, only the logo with a word.

It is very difficult to offer any tangible advice without knowing what their registration is, and what you intend to apply for. As has been suggested above, you either accept someone beat you to it and move on, or you go ahead with it knowing that the mark may be opposed.