I would like to open a language school for kids. The name I have in mind is very similar to the name of an educational toy that is trademarked. Are these businesses related: language lessons and educational toys?
Answer
Trademarks are granted protection for specific goods and services that they requested protection under with the US Patent and Trademark Office. This means that the same trademarks can be used by different owners for different goods or services.
In order to answer your question, you will need to review the class in which the other trademark is registered under.
We assist small business's in trademark registration. If you have additional questions or concerns, feel free to contact us or another intellectual property attorney in your area. Remember filing fees with the USPTO are nonrefundable and can be costly if you have to refile due to mistakes.
Kind regards,
Jim Betinol
email: [email protected]/* */
Answer
Following up on what Mr. Betinoni said, here's an example I use to help explain this: It would be possible to use the same identical trademark, "Purple Passion" for a paint color, for a lipstick, and for a Zinfandel.
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