I know of a similar already registered trademark in the same class, but I have started trading before them. Does this make any difference?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

It appears that the risk factor is high in this situation due to the level of similarity with the other trademark.

Intellectual property offices generally work on a first-come, first-served basis, meaning that if the mark has already been registered, they have priority even if you have already been trading.

A potential solution could be to rebrand, consider leaving out the infringing class, or work with a legal representative to build a case in the event of an opposition or office action.

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