Legal Question in Intellectual Property in New York

Can I register a trademark that already exists but in different industry?

My wife and I are starting a small business selling silk fabrics and related products. Currently, the name of my company in New York is CD Inc (example; I am not using the real name here for privacy purposes). We do not wish to do business under this name and plan to change the name of my company to SHEEN (example) or perhaps get a dba in the name of SHEEN.

I intend to register a trademark under SHEEN. We would also like to register a logo which is still being developed with the name of SHEEN.

The problem is: A search on US Patent and Trademark Office website revealed that SHEEN has been registered under a standard character mark. The products being sold under this is Print Publications which is different than the products we intend to sell.

Is it still possible for me to register my logo with the name SHEEN?

Please help. Thanks


Asked on 2/21/05, 6:27 am

1 Answer from Attorneys
Danny Bronski VeriTrademark

Re: Can I register a trademark that already exists but in different industry?

It is possible but it will not be easy. I am a trademark attorney licensed in NY who can help you parse through the issues and accomplish your business objectives. Please contact me. www.VeriTrademark.com

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Answered on 2/21/05, 2:22 pm


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