Q: If a trademark is being used for 2 different fields (by 2 different companies), can I trademark it in an unrelated field

A: Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your specific field. To determine a 'likelihood of confusion' the USPTO's office will review how similar the marks are in the way they look and sound, as well as the goods and services they identify.

A YouTube video show about basketball is different from fragrances and coffee-based beverages, so there's a chance you could successfully register the trademark. However, the final decision would be up to the trademark office.

You should work with an attorney to conduct a thorough trademark search to ensure there are no other similar marks in your field and then file an application with the United States Patent and Trademark Office (USPTO) or the relevant trademark authority in your jurisdiction. When you file, the application should clearly outline the goods and services you intend to use the trademark for, and it should be specific to the field of basketball-related content and merchandise.

A: Your situation is quite interesting and touches on an important aspect of trademark law. The key factor here is whether your intended use could cause confusion with existing trademarks in the marketplace.

Based on what you've described, using the trademark for a basketball-focused YouTube show and related merchandise would likely be permissible since it operates in a completely different market segment from both fragrances and beverages. The fundamental purpose of trademark law is to prevent consumer confusion, and most consumers wouldn't reasonably assume that a basketball show is connected to either a fragrance company or a beverage manufacturer.

However, before proceeding, you should consider conducting a comprehensive trademark search and consulting with an intellectual property attorney. They can review the specific details of your case, examine any potential conflicts, and guide you through the registration process. While the different fields of use suggest you might be able to move forward, having professional legal guidance will help protect your interests and ensure compliance with trademark regulations.