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?

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Written by Tomas Orsula

Senior Trademark Attorney

The answer depends on multiple factors, including the details of your case and your risk tolerance. But generally speaking, dropping one class and proceeding with the other ones is what applicants are sometimes able to do successfully.

The other option might be contacting the other party and asking them to sign a co-existence agreement before actual filing of the application.

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