Claremont, CA asked in Intellectual Property and Trademark for California

Q: Can a trademark name be the same but registered in different classes by another company using the same exact trademark?

IE, product ABC's name is TM as BattleShip, can a completely different class of product XYZ also use the name BattleShip if the products do not share anything in common, essentially a completely different product than the TM product?

1 Lawyer Answer
John Martin Hilla
John Martin Hilla
  • Trademarks Lawyer
  • Livonia, MI

A: Yes. The issue is whether consumers will be likely to be confused by the same name. If they are totally different products sold in totally different geographic regions in totally different channels of trade, there could be no likelihood of confusion, and the separate trademarks might be so registered.

However, this is a very fact-specific consideration, and, if you are planning on using a brand that has already been trademarked, you should consult a trademark attorney to discuss your plans.

Griffin Klema agrees with this answer

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