Can there be two trademarks with the same name?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Yes, there can be, provided they are registered in different countries and/or operate in different segments.

The purpose behind trademarks is to signal a single identifiable source of goods or services to the consumer. Therefore, two identical trademarks are generally not allowed to coexist since that could confuse the consumer regarding the relation between said providers of goods and services. However, let's say we have one trademark belonging to a software company and the other to a hairdresser franchise. Then the argument that their target segments won't likely confuse the two might be seen as valid by the intellectual property office.

However, remember that similarity is a complex subject within trademark law and is always evaluated case by case.

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