Trademark same name mostly different industries?

[Welltrainer]

Hey all I’m in California.
I own an online personal training, nutrition, and posture/pain management business. I want to change my biz name -to let’s say ‘Ace fitness.’
I checked and unfortunately someone in Utah has the name and website already. Their trademark reads ‘♤ fitness’ and their website is Acefitness.com
HOWEVER, they are a food/meal delivery company. Is this day an age if you look up common personal training names like ‘true training’ or ‘heat fitness, etc…there are So Many business that have the same name. I know this doesn’t justify if it is legally right or wrong, it just aroused my curiosity.
Do people just not want to go through the hassle of trademark cease and desist or is there no legal issue?

Also, follow up question- if it is illegal for me to have let’s say ‘Ace Fitness,’ is it still illegal if change the name to ‘Acer Fitness,’ or ‘Ace fitness Training’ or ‘Ace:Fitness,’ etc…?

 

[adjusterjack]

I told you on the other site that commenting on made up names is futile.

We need to know the actual proposed name of your business and the actual name of the other business.

If you aren't willing to share that here, then your next step is a consultation with a trademark attorney.

 

[quincy]

Hey all I’m in California.
I own an online personal training, nutrition, and posture/pain management business. I want to change my biz name -to let’s say ‘Ace fitness.’
I checked and unfortunately someone in Utah has the name and website already. Their trademark reads ‘♤ fitness’ and their website is Acefitness.com
HOWEVER, they are a food/meal delivery company. Is this day an age if you look up common personal training names like ‘true training’ or ‘heat fitness, etc…there are So Many business that have the same name. I know this doesn’t justify if it is legally right or wrong, it just aroused my curiosity.
Do people just not want to go through the hassle of trademark cease and desist or is there no legal issue?

Also, follow up question- if it is illegal for me to have let’s say ‘Ace Fitness,’ is it still illegal if change the name to ‘Acer Fitness,’ or ‘Ace fitness Training’ or ‘Ace:Fitness,’ etc…?

A trademark is a product or service identifier. These identifiers can include distinctive words, slogans, logos, symbols, colors, phrases, shapes. The purpose of a trademark is to identify the origin of goods or services and to distinguish these goods or services from those of all others.

Trademark law centers on consumer confusion.

Some trademarks can be the same or similar to each other and not cause consumer confusion. There are, for example, two Doves (soap products, ice cream) and a consumer is unlikely to confuse one with the other. There are same-named service companies whose same or similar services are offered in entirely different geographical areas with no customer overlap, so these companies can peacefully coexist using the same name.

What is as important as the name chosen as an identifier for your product or service is the product or service being offered, the geographical reach of your company, and your intended customer base.

Any trademark chosen that can give rise to consumer confusion is a trademark best avoided. There are millions of words available to use as an identifier for your products or services. There really is no reason to choose a trademark that is already in use by someone else. The best trademarks are the ones that are unique (e.g., Pepsi, Google, Nike).

I recommend you choose your own unique name to identify your own unique business.

Edit to add: A trademark does not have to be registered to have trademark protection. In the U.S., rights in a trademark come from the use of a trademark in commerce. The first to use the trademark in commerce as an identifier for goods or services is the presumptive owner of the trademark. Although federal or state registration of a trademark is not required, a registration date provides the holder of a mark with proof of first use in commerce. Should someone challenge the use of a particular name, having this proof is helpful so registration is wise and advised.

 

[Welltrainer]

I’m getting the sense it’s better not to risk it?
I have an online practice that could train people anywhere and they have a meal delivery practice that could expand into an online training business.

I guess it’s up to me if I want to take a risk?

 

[adjusterjack]

Spend a few hundred on a trademark attorney's advice and eliminate the risk.

$$ now avoids $$$$$$$$$$$$$$$$$ later.

 

[quincy]

I’m getting the sense it’s better not to risk it?
I have an online practice that could train people anywhere and they have a meal delivery practice that could expand into an online training business.

I guess it’s up to me if I want to take a risk?

It is probably best not to risk it, not when you have so many options available that don’t come with a risk.

But, yes, the choice is obviously yours to make.

 

[Zigner]

The option that hasn't been discussed is the possibility of some sort of partnership.

 

[quincy]

The option that hasn't been discussed is the possibility of some sort of partnership.

That is an option. Probably not the easiest one to work out. Easier probably would be an agreement for the businesses to stay in their own lanes. Easiest is to pick a trademark that is not already in use by anyone else.