Can the Same Mark Be Registered to Different Parties in the Same Country?
Yes, this is possible in most countries, with limitations in certain cases. As a rule, the same mark may be used and registered by different entities, as long as the mark is used in connection with goods and services that are distinct, such that consumer confusion will not happen in the marketplace. This is facilitated in countries following the International Classification of Goods and Services system, for example, the United States. However, in a country that does not use a formal classification system, for example, Canada, this situation could present certain difficulties since the mark would be used in connection with goods or services that are not clearly distinct. In addition, due care must be exercised as multiple ownership and use of the same mark by different entities could result in destroying the distinctiveness of a mark, thus invalidating the exclusive rights attached to a mark.
