Trademarks are required to be unique, but bid you know that theoretically speaking, you can have two identical marks which do not conflict with each other? This is possible because of the existence of trademark classes.
Read this IP Conversation to find out!
Hey IP Geek.
Is it possible to have simultaneous registrations of identical trademarks?
Well, the scenario is certainly not ideal- it’s always advised to make your Trademark as unique as possible.
But this can happen in certain cases. For example, if your Trademark classes are different.
Trademarks are classified according to the type of goods or services they sell.
For example, perfume manufacturing and sale are in Class 3, while app development services are in Class 42.
This matters because when the examiner runs a search for conflicting trademarks, they run it in the same class or related classes.
Unless your mark is legally classified as a “well-known mark” under the Act, unrelated classes will not be considered when looking into conflicting trademarks.
I see! That means a unique mark can be registered in multiple unrelated classes.
Thanks for letting me know about this, IP Geek.
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