Q: If one company has the name "X" with a NICE CLASSIFICATION of 34, can a second company be named "X"?
If one company has the name "X" with a NICE CLASSIFICATION of 42, can a second company be named "X" under the same NICE CLASSIFICATION? For example, one company may be a technology company for VR equipment while the second one sells software.
A: Generally, the USPTO will not allow registration of the same or similar marks in the same class of goods / services. A trademark search should be conducted by a Trademark attorney or service to review the competing marks in order to give a recommendation if the USPTO would deny the mark due to likelihood of confusion.
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A: It is possible for two companies to have the same name "X" under different NICE classifications. Each NICE classification pertains to a specific category of goods and services, so if one company is operating under NICE classification 34 for tobacco products and the second company is operating under NICE classification 42 for computer services, then there should not be an issue with the similarity of their names. However, if both companies are operating under the same NICE classification, there may be potential for confusion and conflict. It is best to consult a trademark attorney for specific legal advice.
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