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[steven]

Hi...

I'm starting a small multimedia company, we'll call it EXAMPLE.tv, and I will use EXAMPLE.tv to promote my company. However, the word EXAMPLE has been registered as a trademark (Word Mark):  G & S: Art etchings, art pictures, art prints, printed art reproductions, and paintings.

It seems to me that the use of the trademark EXAMPLE does not conflict with my company EXAMPLE.tv, so my question... How should I register my company name? Can I register EXAMPLE.tv ?? Or should I try to register EXAMPLE using a different class no.? I think I would register as "G & S: Communications services, namely, broadcasting audio, video, text and other multimedia content, and news and entertainment-related programs, via a global computer network."

Please reply if you have answers, or advice. Thanks.

[JSonnabend]

The question is not what class to register in, as classifications have virtually no impact on registerability, nor is is whether to register "Example" or "Example.tv".  The only inquiry, practically speaking, is whether your mark, as used in connection with your services, would likely cause confusion with the registrant's use of its mark for its services.

Beyond that, there is no simple answer.  A qualified TM attorney can review the specific facts and give you a better idea of your chances for allowance and your chances for avoiding opposition proceedings.  I do it daily for my clients.

- Jeff