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

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

The answer to this question depends on multiple factors, including the closeness of your classes, how well-known the other brand is, etc. But generally speaking, it is possible for two trademarks with identical names to co-exist in the same market if they operate in different segments, i.e. if they are not attracting the same type of customer.

It is also possible to ask the other party to sign a co-existence agreement.

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