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trademarking name of retail store vs products

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Reddman

Junior Member
What is the name of your state? TN

We are planning to open a retail food store. We will have an online food store first, which will just sell certain specialty foods, then will open a shop downtown which will offer a wider variety of foods. Our long term goal is to have our own line of foods such as salad dressings, which we can sell in our store and elsewhere.

1) I'm having problems determining the best classifcation for our trademark. I think it's safe to choose 035 which covers these three: On-line retail store services featuring {indicate field or type of goods}, Retail grocery stores , and Retail shops featuring {indicate specific field, e.g. gifts, flowers, baked goods}. I would only have to file for one class to cover online and B/M store, right?

2) Let's say we are going to call my food store Reddman's (example only, not actual name). and I trademark Reddman's. Could someone come along later and trademark Reddman's Foods?

3) Can we trademark Reddman's as the store and show it is in use, then file for an additional class for our own line of food products, but file as an intent to use? The goal is to protect our name. Or would Reddman's as the food store be sufficient protection to prevent someone else from creating Reddman's food products (such as salad dressings)?
 


divgradcurl

Senior Member
1) I'm having problems determining the best classifcation for our trademark. I think it's safe to choose 035 which covers these three: On-line retail store services featuring {indicate field or type of goods}, Retail grocery stores , and Retail shops featuring {indicate specific field, e.g. gifts, flowers, baked goods}. I would only have to file for one class to cover online and B/M store, right?
Yes, in this particular case.

2) Let's say we are going to call my food store Reddman's (example only, not actual name). and I trademark Reddman's. Could someone come along later and trademark Reddman's Foods?
Potentially yes, someone could file for such a mark, but it would be very, very unlikely to be issued.

3) Can we trademark Reddman's as the store and show it is in use, then file for an additional class for our own line of food products, but file as an intent to use? The goal is to protect our name. Or would Reddman's as the food store be sufficient protection to prevent someone else from creating Reddman's food products (such as salad dressings)?
For maximum protection, you would want to also file for the food products as well.
 

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