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January 15, 2024

Can Two Companies Have the Same Trademark?

Have you ever been super excited about a brilliant company name or trademark idea, only to find out someone else already beat you to it? Can two companies actually own the same trademark? So, before you go into full panic mode, let’s break it down.

Believe it or not, it’s entirely possible for two companies to legally own the exact same trademark. I know it sounds strange, but let me give you an example that’ll clear things up. Think about Delta Airlines and Delta Faucets. They both go by “Delta,” but they’re in completely different industries, right? Delta Airlines helps you travel the skies, while Delta Faucets help you manage your plumbing. No likelihood of confusion there!

That’s the key – if you and the other company are operating in completely unrelated industries, you can indeed coexist with the same trademark. So, don’t hit the panic button just yet if your search turns up a matching trademark.

But, hold on a second, you might ask, what if we’re in the same business? Well, in that case, it’s a bit trickier. Having the exact same trademark in the same industry could lead to some confusion among consumers, and that’s generally a no-go.

So, what can you do if you find yourself in this situation? First, don’t jump to conclusions. Just because someone else has the same trademark doesn’t mean it’s an automatic roadblock. Consider reaching out to them and discussing your concerns. Sometimes, amicable agreements can be reached, like using the same name but in different geographic locations.

If negotiations aren’t an option, you might need to consult with a trademark attorney. They can help you explore your legal options, such as proving that your use of the trademark doesn’t create confusion or seeking a different variation of the name that could work for your business.

In conclusion, yes, it’s absolutely possible for two companies to own the same trademark, as long as they’re in different industries. So, before you let frustration take over, take a deep breath and consider your options.

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Book a free consultation call with us today to get expert guidance on trademark registration and protection.

(Or at least download our Ultimate Trademark Checklist to make sure you’re covering all the bases.)

Did you know?

Without Trademarks, You Have ZERO Rights To Your Brand.

We’re talking business names, logos, slogans… even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late.

So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.