What if my trademark is already registered by another company, but under a different class?
If your brand name has already been registered but under a different class, then there are less chances of your trademark application getting rejected. Unless the brand is popular among people like Domino’s, your application is likely to be approved. If, on the other hand, a trademark registration application has been filed by another brand after you have started using it, then you should take the matter seriously. Find out the source of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not stop using the trademark and also doesn’t stop selling the goods with your trademark, within the time specified in the letter, then you may take them to court.