Please can you advise me on the impact of removing goods and services from a UK trade mark application. I have an application being considered under class 25 – clothing – but am considering removing the following goods and services – women?s clothing and ladies clothing. This is due to similarity with an existing trade mark In the same class.
First, what would this mean in respect of how I can sell or market my goods? I have numerous other goods and services in my application and these do not overlap with the existing trade mark – for example – tee-shirt/ shirt. I can?t establish the impact of removing the suggested goods and services.
Second, would it be possible to defend an opposition on the basis that the goods and services are different? Appreciate you may need more information but I can do that my trade mark is two words and only one of them matches the existing trade mark.
Any help would be much appreciated.
Alasdair Taylor's Answer
Sorry, these are the sorts of questions that need proper analysis and advice. If you would like a referral to a trade mark litigator who could help, please get in touch.