If a toy company has a registered trademark, does it stop an app developer from creating a social app using the same name which has got nothing to do with any toy products whatsoever?

Would this even come under "confusingly similar"?

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    Registered trademarks are registered for one or more defined classes or groups of goods and services. One and the same trademark may therefore be registered, for example, for toys but also for garden tools. It will therefore not suffice to infer the scope of protection from the trademark's common use. In your scenario, the trademark may very well also have been registered for software. Mar 14, 2017 at 20:11
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    Does this answer your question? Could I register a trademark already registered for other classes?
    – OrangeDog
    Jan 5 at 0:48

1 Answer 1


No it won't. Because the trademarks are for two completely different goods/services.

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