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  • #1000121
    Rey
    Member
    • Total posts: 33

    If I have a registered trademark XYZ for “Herbal Tea” in class 30, and if I do not have trademark for class 35; will I be able to sell herbal tea on my website http://www.xyz.com.au and not infringe any other similar names registered for retail services under class 35?

    If I do not intend to sell other goods made by other brands and only sell XYZ brand herbal tea, will my class 30 trademark protect me to operate an online store with the same brand name XYZ ?

    #1223049
    Paul – FS Concierge
    Moderator
    • Total posts: 3,117

    If [USER=20176]@JacquiPryor[/USER] is around, she will answer for you.

    Cheers

    #1223050
    JacquiPryor
    Member
    • Total posts: 2,344
    Rey, post: 269497, member: 48093 wrote:
    If I have a registered trademark XYZ for “Herbal Tea” in class 30, and if I do not have trademark for class 35; will I be able to sell herbal tea on my website http://www.xyz.com.au and not infringe any other similar names registered for retail services under class 35?

    If I do not intend to sell other goods made by other brands and only sell XYZ brand herbal tea, will my class 30 trademark protect me to operate an online store with the same brand name XYZ ?

    Jacqui Pryor is around ;)

    Rey – in short, yes most likely.

    You typically need class 35 for retail services when you’re operating as a ‘shop’ (online or otherwise) for other brands. If you have registered a trade mark in class 30 and the only thing you will be selling is your own brand of tea then normally you don’t require class 35. This is because people are of course allowed to sell their products, and particularly if you have a trade mark in place you’re allowed to promote, offer to sell that product under the registered trade mark. The caution would be that if your registration covers herbal tea that’s very narrow. If you branch out into other teas or products then your registration does not necessarily cover that.

    Happy to hear from you directly with more specific detail if needed – PM or email jacqui@mmwtrademarks.com.au.

    ^^^Boring Disclaimer but please read – the above is information only, not advice… so often these things are case by case depending on what the situation is^^^

    #1223051
    Rey
    Member
    • Total posts: 33

    Thank You Jacqui!

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