Can I trademark a name that is already trademarked in a different market?

I am starting a body butter company and have discovered the name I have been
using has already been trademarked for a razor company. Are these two markets
similar enough to prevent me from trademarking the name?

Asked on March 16, 2017 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Most likely, you could trademark the name: peanut butter and razors are so different in terms of products that there is very little (if any) likelihood of customer confusion--these are very distinct businesses. Their usage should not interfere with your own usage or preclude you from trademarking.


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