Can You Use a Trademarked Name in a Different Industry?
The major consideration the USPTO and its trademark examiners use in determining whether the same mark can be used for a different product or service is whether it will cause confusion among consumers.
Intellectual Property Offices worldwide use a trade mark classification system that groups together similar goods or services into 45 different classes. This is often referred to as the Nice classification.
Navigating the Trademark Class System: a trademark registration does not always protect all uses of a trademark.
Can You Use the Same Brand Name for Different Products?
Can you use the same brand name for different products? As a business owner, you can get some advantages with family branding, such as a cost-effective promotion for various lines, capitalizing on grouping products and building brand awareness.
Using Someone Else’s Trademark
What if someone is using my trademarked name? You can file a lawsuit if they continue after receiving a letter.
Nike has separate trademarks for its swoosh, slogan, and name.
Before registering a trademark, research whether similar marks exist to avoid deception.
Miscellaneous
Have questions on formation, banking and taxes? Since trademarks deal with the way that your products and services are presented to your customer, you may choose to utilize your first name as part of your brand identity.
Is it legal to have a brand name the same as another business if you have a completely different product? I have an idea for a product, but the name matches the trademark of another business. However, our products are completely different.