Patent Attorney and Founder
JD: Looking to start a brand, but there’s a trademark pending for the version that uses the word “and.” Can we still use a name with an ampersand?
Matt: No, let’s just assume for a minute that it’s the exact same brand, you know, “and” versus the ampersand. And it’s the same product or service, right? In that case, the answer is absolutely not unless you have a better first use date, in which we should talk. But generally speaking, no. However, there are exceptions. You could have a better first use date, in which case, we could challenge the pending trademark application with an opposition at the Trademark Trial and Appeal Board. Or potentially, it’s in a different class of services or products entirely, in which case, yeah, let’s go ahead and file it.
JD: Okay,
Matt: So talk to your trusted trademark attorney for a more definitive answer.
JD: And Matt, you are a trademark attorney, right?
Matt: I am, and I didn’t say definitive. I said mostly is definitive.