It’s not uncommon for identical trademarks to exist for different goods and services. Maybe your farm equipment company is identical to a trademark registered for a restaurant, or your software company’s mark matches one used for a clothing line. Naturally, this can raise concerns: Does this mean I can’t use my trademark? Is someone infringing on my mark?
The good news: identical trademarks can often coexist—as long as they’re used in connection with different goods or services that aren’t likely to cause consumer confusion.
- Trademarks Are Tied to Goods and Services — Not Just Words
Trademarks aren’t about owning a word in every context — they’re about identifying the source of specific goods or services. When you apply for a trademark, you list the exact goods or services you offer. The USPTO groups these into categories called international classes.
The USPTO organizes these into classes, which help define the scope of your rights.
For example:
- A company might register “Pioneer” for speakers and audio electronics (Class 9).
- Another might use “Pioneer” for seed and agricultural products (Class 31).
These two can coexist peacefully because consumers aren’t likely to assume that stereo equipment and corn seed come from the same source.
- The Key Issue: Likelihood of Confusion
The central issue in trademark law is likelihood of confusion — whether an ordinary buyer might believe that two products or services come from the same source. The USPTO and courts consider several factors, including:
- How similar the marks are in appearance, sound, and meaning;
- Whether the goods or services are related or marketed in similar channels;
- The strength or fame of the existing mark.
If two marks are used for very different goods or services, confusion is unlikely, and both can usually coexist.
- When Identical Marks Do Create Problems
Overlap becomes risky when:
- The products or services are closely related — for instance, seed and crop fertilizers might be seen as coming from the same type of business.
- The other party’s mark “famous” or is well-known in the same space, like John Deere or Apple — these famous marks enjoy broader protection.
- Your use might dilute a strong mark’s reputation or create the impression of affiliation.
If any of these apply, it’s wise to consult with a trademark attorney before moving forward.
- What to Do If You Find a Similar Registration
If you discover an identical or similar mark, don’t panic. Here’s what you can do:
- Review the registration — Check the exact goods and services listed.
- Assess the overlap — Ask whether consumers would realistically confuse your product or service with theirs.
- Consult a professional — A trademark attorney can help determine whether you can safely register your mark, modify it slightly, or pursue a coexistence agreement.
- Monitor usage — Even if you move forward, it’s important to keep an eye on how both marks are used to ensure confusion doesn’t arise later.
- The Bottom Line
Finding your mark registered for a completely different product or service doesn’t necessarily spell trouble. Trademark law is designed to allow multiple businesses to use the same or similar names—as long as their goods or services are distinct enough that consumers won’t be confused.
Still, every case is unique. Before investing in branding, packaging, or marketing, it’s best to have a qualified trademark attorney evaluate your specific situation and ensure your mark is both available and protectable.
Please contact Rincker Law for a consultation on your intellectual property needs for your food or agriculture business. We can discuss trademark options available to you. You can contact us at (217) 774-1373 or assistant@rinckerlaw.com.