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Friday, August 04, 2006
Same trademark in different classes
By Clint Fabiosa & Andrew Ong
I protect
If I register my mark in one class of the NICE Classification, can somebody else register the same in another class?
Trademark infringement depends on the particular good and/or service covered by the mark, aside from the classification number. The test is the “confusing similarity” of the marks.
The same mark may be registered for different goods and/or services falling under the same class. For example, all scientific and technical goods, like floppy disks and x-ray machines, belong to class 009.
However, the same mark may be registered to someone who used it on floppy disks, and to another who uses it on x-ray machines (the products are different although they both belong to the same classification–class 009).
But the same mark cannot be registered for the same goods even if these products fall under different classes. For example, a mark for coffee cups made of porcelain under class 021 would be an infringement of the same mark for coffee cups made of metal under class 041 (the products are the same although their material belong to different classes – class 021 and class 041).
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