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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?

Founder & Trademark Attorney

Yes. Trademark oppositions can occur outside of a single class because IP offices assess the likelihood of consumer confusion based on the similarity of the marks and the relatedness of the goods or services. It’s not just about whether the two marks are in the same class.

If goods in Class 5 and Class 21 or 10 are closely related in the market; for example, where consumers are likely to assume they come from the same source; a trademark holder in a different class can oppose your application if the marks are confusingly similar. The assessment is case-specific and depends on how the marks compare and how closely the goods compete or complement each other commercially.

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