r/AskLawyers • u/Historical_Guitar_96 • 7h ago

Trademarking "Nibs Nootropics" when Hershey already has "Nibs" registered... Is there a conflict?

I am starting a functional supplement brand and want to file a word mark for "Nibs Nootropics" under Class 005 (dietary supplements).

Hershey company already has "Nibs" registered under Class 030 (candy/confectionery). Different class, different product category, different consumer.

My questions:

  1. Does Hershey's Class 030 registration block me from filing "Nibs Nootropics" under Class 005?
  2. Does adding "Nootropics" to the mark create enough distinction from just "Nibs" alone?
  3. Is there any risk of Hershey challenging my mark on likelihood of confusion grounds even across different classes?
  4. Would filing as "Nibs Nootropics" be safer than just "Nibs" alone for this reason?

I am planning to file myself through USPTO as a word mark only to keep costs down. Just want to understand the risk before I spend $250.

Any insight appreciated.

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