What happens if two companies have the same trademark?

When two companies have the same trademark, it is known as a trademark conflict. In Washington, the Washington State Attorney General (AG) is responsible for enforcing trademark law. Each company has the right to exclusive use of its trademark and if one company’s trademark is too similar to the other’s, they could both find themselves in a difficult situation. To avoid a trademark conflict, the companies must prove that their marks are distinct from one another. If they are unable to do this, the AG may decide to restrict the use of one or both trademarks. Depending on the severity of the conflict, the AG may order one company to choose a new trademark or to completely halt the use of a trademark. In some cases, the AG may also suggest a trademark settlement between the two companies. This means that both of the companies would be able to use the same trademark, but in different ways. For example, one company may be able to use the trademark for a specific product, while the other may be allowed to use the trademark for a different product. Trademark conflicts can be complicated and difficult to resolve. It is important for companies to do their research before submitting a trademark application to make sure it does not conflict with any other trademarks already registered in Washington.

Related FAQs

What is a trademark declaration and how do I submit one?
How do I register a trademark?
Can I register a trademark for an invented word or phrase?
What is the difference between a trademark and a service mark?
Can I register my trademark internationally without the help of a trademark attorney?
What is the difference between a trademark search and a clearance search?
Are trademarks protected internationally and how?
How do I know if a trademark is already registered?
How much does it cost to register a trademark?
How do I renew my trademark registration?

What happens if two companies have the same trademark?

Related FAQs

Related Blog Posts