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I found a closely similar brand in one trademark class, would it still make sense for me to apply for a trademark under a different class?

Founder & Trademark Attorney

Yes, it would make sense, but only if your business genuinely operates in that other class and the similar brand does not. Applying in a different class will give you protection in that area, but it wouldn’t protect your other goods and services in the class where the conflicting mark is.

The key in this situation is to ensure you qualify for registration in the chosen class. That means your goods or services must genuinely belong in the class. Filing in a class where you have no commercial activity simply to avoid a conflict in the class you need is not a reliable strategy and creates non-use vulnerability.

If the class where the similar brand is registered covers your core commercial activity, the options are to negotiate a co-existence agreement, adjust the mark to increase the distance between the two, or reconsider whether the brand can be built alongside the existing registration.

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