Can I trademark a name that is already trademarked?

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Can I trademark a name that is already trademarked?

I am starting a beauty products company, like body butters, sugar scrubs and lip balms and have discovered the name I have been using

has already been trademarked for a razor company. Are these 2 markets similar enough to prevent me from trademarking the name?

Asked on March 17, 2017 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they probably are close enough to prevent you from trademarking the name: both have to do with personal hygiene and grooming, and the products for each would, for example, be found close together in the typical CVS or Walgreens. They are products that could certainly come from the same company or source; therefore, with a likelihood of customer confusion as to source, it is highly unlikely that you could trademark this name.


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