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I know of an identical trademark in one of the trademark classes I want to apply for. Should I still apply for the other ones?

Senior Trademark Attorney

Yes, since each class is assessed independently. A conflict in one class does not directly impact your brand’s registration in other classes. Dropping the class with the known conflict and proceeding with the remaining classes is a standard and often successful approach, with one caveat—you must actually offer goods and services in the classes you’re not dropping.

For example, if you’re a clothing brand, but you choose to drop class 25 because of a conflict and register in class 5 instead (without selling any goods from that class), then this strategy is not for you.

Before proceeding, consider whether the class being dropped is essential to the business. If it covers core commercial activity, dropping it creates a coverage gap. In that case, the alternatives are to negotiate a co-existence agreement with the owner of the identical mark, adjust the mark itself, or assess whether the two businesses genuinely need to conflict given how their respective goods and services are positioned in the market.

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