Q: If 2 objects have the same name, and one of them becomes trademarked, does the other one become susceptible to infringe?
A:
The law is a bit hard to follow. The answer is, it depends. In general, the first to use has superior rights, not the first to register. Here it is:
1. The first to use the trademark (continuously and currently) has the right to a trademark.
2. If there is a prior user that has used the trademark prior to the registered mark in a limited geographic area, but failed to register it, the prior user may continue to use it only within the geographic area in which they had been using the trademark.
3. If the prior user had a bona fide use in interstate commerce prior to the registered trademark's use in interstate commerce, the prior user has superior rights and can seek to have the trademark canceled.
I have a blog post on this issue that you might find helpful: https://ahajiamos.com/blog
Marcos Garciaacosta agrees with this answer
A:
assuming the two products are similar, or serve the same purpose.
Like two cars from two different companies. Or Shoes.
If they are in very dissimilar markets, then they may co-exist.
Check Delta.
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