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

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Yes, your competitors may oppose your trademark even if theirs is registered in a different class. The primary consideration is the likelihood of confusion, which may occur in a number of ways.

Let's say you own a company that produces energy drinks, and you go for registration of a trademark in Class 32 (non-alcoholic beverages). However, another company owns a trademark for a similar brand name in Class 25 (clothing). Even though their trademark is registered in a different class, they may still oppose your trademark registration because of the likelihood of confusion.

The competitor can argue that the brand is well-known in the marketplace, and your trademark will likely confuse consumers who associate the brand with the company's clothing. If the opposition is successful, your application for trademark registration may be denied. In this case, it would be essential for you to consult with an intellectual property lawyer to evaluate the situation and consider your options.

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