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Can my competition oppose the registration if they have a trademark in a different class?

Written by Jan Buza

Co-founder of Trama

Yes. Likelihood of confusion does not require the two marks to be in the same class; it requires only that the goods and services are related enough that consumers might reasonably assume a common commercial source.

For example, a trademark in Class 32 (non-alcoholic beverages) could face opposition from a holder of an earlier mark in Class 33 (alcoholic beverages), since the goods are closely related and are often sold through the same channels to the same consumers. The assessment is whether the goods or services are commercially related, not whether they occupy the same class.

Well-known or famous marks can also oppose applications in entirely different classes, on the grounds that use of the similar mark would take unfair advantage of or dilute the earlier mark's reputation.

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