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Author Topic: Trademarking same name in different class and filing opposition  (Read 397 times)


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I am curious if it is possible to register a trademark with the same name although in different classes. Example: another trademark is attempting to register on the Principal register as Yum-Nutter in IC 029 US 46 as a nut-based spread. Let's say they offer peanut, hazelnut, and almond butter spreads. I am looking to trademark the same name Yum-Nutter as whey based/nut flour snacks in IC 030 US 046. There is already another company that owns the trademark The Yummy Nutter Co.  I assumed this would block the Yum-Nutter who is attempting to register the trademark name and see a LOP was filed by The Yummy Nutter Co. but updated as "LETTER OF PROTEST EVIDENCE REVIEWED-NO FURTHER ACTION TAKEN." There is now a publication date for the mark as Feb.19. Can someone please explain if I would be able to register the Yum-Nutter as well. My company was started before the Yum-Nutter who is attempting to register and I'm not sure how common law would work or if I would have to file oppositions? Any help would be greatly appreciated.


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