Can the same TM name be used by separate companies in different areas of business and will the TM office approve the application?
Too broad to simply say “yes.” The standard for finding likelihood of confusion is a comparison of the marks and a comparison of the goods or services provided under that mark. The closer either one of those elements are, the more possible is a finding of likelihood of confusion. Thus, it is possible for somewhat similar marks to be registered for differing goods or services. Remember, though, a third party can oppose the registration of a mark even if the Examining Attorney has allowed the mark to publish for opposition.
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