Q: Am I able to file a trademark if another exists with the same name, but we're doing different services?
A: It depends on how different the services are. The standard is whether there will be a likelihood of confusion in the market place as to the source of the services. Even if the services are different, they could be sufficiently related to cause a likelihood of confusion. Do the two services have the same customer audience? Are they advertised in the same channels? There are many other criteria. Often, review of legal authority and relevant case law by an attorney is necessary to reduce the likelihood of an expensive problem arising later.
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