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I am currently selling a product with "Cheers to 30 years" on it. However, I noticed someone else has filed this trademark earlier this year: http://tsdr.uspto.gov/#caseNumber=88382813&caseType=SERIAL_NO&searchType=statusSearch

When I look at the Prosecution History tab on the bottom, it seems like the trademark is still being processed.

Would it be possible to register the same trademark using my product as the specimen since this current one is not approved yet? Or do I have to wait until it is published for opposition, oppose it, and then do it?

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  • Trademarks are for product/service categories. Are you asking for a trademark in the same class as the pending application?
    – George White
    Commented Oct 8, 2019 at 18:22
  • I believe so. My product is a napkin. According to the "International class" section of this, it sounds like it's in the same category? trademarks.justia.com/884/46/cheers-to-50-88446543.html
    – bigpotato
    Commented Oct 8, 2019 at 18:24
  • It looks like they were rejected because the term was too generic: tsdr.uspto.gov/…
    – bigpotato
    Commented Oct 8, 2019 at 18:48

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The application you are linking to has been initially refused by USPTO and I don't see any reason why an objection against the refusal should be prosperous.

To quote the refusal letter, you simply can't register 'a commonplace term, message, or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment' as a trademark.

You can assume that the trademark will not be registered and if you try to register the same trademark, your application will be refused on the same grounds. Trademark registrations are intended to protect e.g. unique product names and slogans and not a mean to prevent competitors to use generic English language.

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  • I noticed the same things after digging into it. Thanks so much for confirming this!
    – bigpotato
    Commented Oct 10, 2019 at 18:39

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