Can I Trademark the Same Brand for Different Products or Services?
So can you have the same trademark as somebody else if you provide completely different products and services from that other trademark? This is a question a lot of people ask us all the time.
Similar Trademarks For Different Services
This is a common concern. However, when registering a trademark, you don't get a monopoly over a word, phrase, or logo. Instead, you get a monopoly over the mental link between that word, phrase, symbol, and specific products and services.
For example, McDonald's does not own the phrase I'm lovin' it. They only own the word I'm lovin' it in connection with restaurants. So if you are a doctor's office or a retailer, you can safely use this phrase in your business, but you can also probably trademark that phrase for your businesses.
Registering Identical Trademarks for Different Services
A famous example of brand trademarked or identical names can be found in professional sports. All professional sports franchises register trademarks for their names, logos, and associated images. But fans of multiple sports will notice that some teams share names across sports. For example, the New York Giants and the San Francisco Giants don’t sue each other for copyright infringement because their names are trademarked in association with their services, in this case, football and baseball.
In some cases, trademarks can be denied if the trademark filed is too similar to that of another brand in another industry. But as long as you can demonstrate that you are not merely copying that other brand, you can file for a similar trademark for different services.
So as long as your products and services are entirely different from the other registered trademarks, you can safely use or even register that.