Q: If I want to sell a massager online and the name I want to trademark for it is already registered for a spa service,
would I probably get denied even though one is a good and one is a service?
Yes, a trademark would be denied if it is used in the same industry segment. How wide one defines segment is a bit of an art itself, but the trademarked phrase (that's a pun) is "likelihood of confusion." To me, massage and spa are just too close.
If the trademark of the "competitor" is registered, the penalty threat for infringement comes from the Lanham Act, where it wields treble (triple) damages.
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Marcos Garciaacosta agrees with this answer
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