Legal Question in Business Law in California

Can I get a trademark for a work that already has a wordmark?

I actually have couple of questions:

1. I have already registered and running a website. I am ready for register for the trademark of the name, but found on the www.uspto.gov that the work I want to use already has a wordmark. But the name with the wordmark is a face cream, which is totall different from my business, which is in bedding products. Can I still apply for the trademark for my company name and website?

2. I also have created a product that is created from an existing baby product, but mine is unique in that it uses a special material, and has an unique design. Can I apply for trademark for this product and get protected from people copying the idea of using the same material and design?

I look forward to the answers. Thanks a lot.

Ming


Asked on 12/13/05, 8:19 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can I get a trademark for a work that already has a wordmark?

Although I don't know what you mean by "wordmark," I have a hunch. Yes, trademarks are product-category specific, and if someone is already using your proposed trademark for cosmetics, that doesn't in and of itself preclude your registering the same word or phrase as your trademark for bedding. Of course, you will have to meet all the usual requirements, such as use or intent to use the mark in commerce, and pay the application fee, which your government will retain whether or not your application is ultimately granted.

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Answered on 12/13/05, 9:09 pm


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