So I've done the research through the USPTO Tess system and I see that the name XXX is taken. XXX (xxx.com) is a tea company that I own, and I wish to trademark the name (sooner than later for obvious reasons). However, the trademark owner's goods and services are as follows:
My question is, if someone else is using the name XXX but it's in a completely field/industry then the name should still be available for trademarking (think "Delta" Airlines and "Delta" faucets".
Just looking for some validation. Thanks guys and gals!
The name "XXX" appears to be registered by
two other companies - and the name "Companhia das XXX" (with the word companhia disclaimed) is also federally registered. I see "Companhia das XXX" as being the company of most concern to you if you file for federal registration. That company, based in Brazil, is also in the business of marketing, among other items, China tea, flower tea, fruit tea ...
The name you have been operating your tea company under (XXX) is
already your trademark - it is what identifies your company and distinguishes it from other companies. It does not appear to distinguish it from ALL other companies, however, which is what can complicate the federal registration of your mark. You could find your application denied or you could find opposition to your registration coming from the other companies using the name.
With all of that said, the answer to the
question you asked is, yes, same names can be registered as trademarks - and the Delta Airlines/Delta faucets is a good example of that. There are many other examples. If no consumer confusion is likely to result from the dual use of a name, federal registration of both names is possible.
Although you did not say in your post how long you have been using the name XXX to identify your tea company, and that can make a difference (I haven't, as a note, visited your website yet and that might provide me with some missing information), I recommend you sit down with an IP attorney in your area for a personal review the facts - and I would do this prior to spending money to file an application for registration of the mark.
Good luck.
