Q: If the word “fenom” is trademarked by another company in the US does it mean I can’t use it for my company?
A: It may be possible if the goods/services you plan to offer are clearly different from the goods/services offered by the other company. By way of example, three different companies own rights in the mark "Dominion." That is because one is an electric company, the second produces sugar and the third is a bank. Despite the mark being identical, a consumer would not be confused as to which company she/he is doing business with. Best to work with a trademark attorney to investigate further what might be possible for your project.
A: I agree with my colleague regarding the legal use of trademarks in different classes, however, I would add that registering a trademark is not a prerequisite for acquiring trademark rights. Trademark rights are acquired based on use. If you are considering using a trademark, you should work with an attorney to ensure that your selected trademark does not infringe (or is a confusingly similar) to any existing trademarks whether registered or not.
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