Can I trademark a word or phrase that is already in use by another company in a different industry?
As a lawyer, I can advise you on the legal question of whether you can trademark a word or phrase that is already in use by another company in a different industry.
The short answer is that it is possible to trademark a word or phrase that is already in use by another company in a different industry, but it can be a complicated process that requires a careful analysis of the specific circumstances.
The first step in this analysis is to determine if the word or phrase you want to trademark is already registered as a trademark by the other company in any context. If it is, then you may not be able to register your trademark for that word or phrase in any industry.
However, if the other company's trademark is only registered for a specific industry or set of industries, then it may be possible for you to register your trademark for that word or phrase in a different industry. In this case, you would need to show that there is no likelihood of confusion between your use of the mark and the other company's use of the mark in the industries where they are already registered.
To do this, you would need to conduct a thorough trademark search to determine if there are any similar marks that are already registered or in use in your industry, as well as in the industry where the other company's mark is registered. If there are no similar marks, or if your mark is sufficiently different from the other company's mark, then you may be able to proceed with registering your mark.
It is worth noting, however, that even if you are able to register your mark, if the other company's mark is considered a "famous" trademark, then they may still have the right to prevent your use of the mark. This would require a showing that your use of the mark would dilute the famous mark's distinctiveness or harm its reputation.
In summary, it is possible to trademark a word or phrase that is already in use by another company in a different industry, but it requires a careful analysis of the specific circumstances and a thorough trademark search. If you are unsure about your ability to proceed with registering your mark, it may be wise to seek the advice of a licensed attorney who specializes in trademark law.