Q: can 2 different people own a trademark in 2 different categories.
A:
The value of a trademark arises from its use in conjunction with a specific set of goods and/or services. The relationship between the mark and the goods/services is critical. For this reason, the same or similar marks CAN coexist in the market, so long as the coexisting usage is not reasonably likely to cause confusion in the relevant consumer audience. So, classic examples would be Delta Faucets and Delta Airlines. Same exact name, but because the markets are totally unrelated, no reasonable likelihood of confusion, so they can peacefully coexist in the market.
***Please be sure to note the important disclaimers at the bottom of this page.***
Karima Gulick agrees with this answer
A: I agree with Mr. Gerity. As long as the industries are unrelated and it would not lead someone to be confused, then it would be ok.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
