QUESTION

If someone has already trademarked a word in a food category for a tea under class ic 005 and ic 030 can I trademark that word in dietary supplements?

Asked on Jan 13th, 2015 on Intellectual Property - California
More details to this question:
I don't know what category dietary supplements would fall under.
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1 ANSWER

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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There is a small chance you could but a morely outcome is that you cannot. Further, even if you made it by a technicality or by an error, you would never develop the same goodwill in your product as if you used a torally original name. Further, even with trademark registration, there might still exist claims under state law for unfair competition and other legal theories. 
Answered on Jan 14th, 2015 at 10:38 AM

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