Can I Trademark the Same Brand for Different Products or Services?

So someone has trademarked exactly the same word or phrase that you wanted to trademark yourself, but apparently, that other trademark was registered for completely different products or services.

Can you trademark your brand then?

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So can you have the same trademark as somebody else as long as you are providing completely different products and services from that other trademark.

And the answer to that is yes because when you register a trademark, you don't get a monopoly over a word, phrase, or logo itself. What you are getting is a monopoly over is the mental link between that word, phrase, or logo and specific products and services that you offer.

So the example I always use is McDonald's, they don't own the phrase I'm lovin' it. They only own the phrase I'm lovin' it in connection with restaurants. So if you are a funeral home or a gynecologist, you can not only safely use this phrase in your business, you can also probably trademark that phrase for your businesses.

Obviously, I'm using this example as a joke, and maybe it's not the best business decision to use the phrase I'm lovin' it if you are a funeral home or a gynecologist, but that demonstrates the point.

So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that.

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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.

See our answers to other frequently asked questions about trademarks or leave your comments below!

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