Can you use a registered trademark for different class?

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If you own the registration in one class you must file an application to use the registration mark on the symbol when applied to goods or services in another class.

If you do NOT own the registration, the question is whether your use of the registered trademark owned by others would create a likelihood of confusion within your respective markets, with respect to the source or quality of the goods or services. In other words, just using it in another class is NOT sufficient analysis to avoid infringement. For example, a computer program logo registered in class 009 may be related to manufacture of clothing, in class 025 if the computer company also makes T-shirts with its logo, even if the logo is not registered in class 025. This raises the question of whether the registration symbol can be properly applied to goods not in the registered class, other than as ornamentation for advertising purposes.
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