If I register my trademark under Class 5, but it has a similar description to related goods in Class 21 and 10, can companies owning trademarks in those classes oppose my trademark even though they’re not registered in Class 5?

Photo of Igor Demcak

Written by Igor Demcak

Founder & Trademark Attorney

Yes, trademark offices like the USPTO consider the overall commercial impression of the marks, not just the specific classes in which they are registered. If the trademarks are identical or very similar and are used in related fields or contexts, registration in different classes does not guarantee that there won’t be a likelihood of confusion between the marks.

Because of this, owners of competing trademarks in other classes may oppose your trademark application if they believe your mark could cause confusion among consumers, even if you’re not applying for the exact same class of goods or services.

Advice icon

Haven't found what you are looking for?

Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.