QuestionsCategory: legalSame name, different product market
btgaby asked 4 years ago

There is a food company that has the same name I had picked for my company. Legally speaking, can I use the same name considering the product is absolutely different and so is the visual identity?

1 Answers
Facebook Profile photoJon Kruse answered 4 years ago

A seasoned trademark attorney would be the best person to ask regarding your particular situation. That being said, the United States Patent and Trademark Office (USPTO) routinely rejects trademark registrations based on the “likelihood of confusion” that consumers would face between a prospective trademark and one that is already on file with the USPTO. According to the USPTO, “likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source. Each application is decided on its own facts, and no strict mechanical test exists for determining likelihood of confusion.”
Since its a different industry there shouldnt be a problem of confusion.