Can two companies use the same trademark? Yes.

Can two companies use the same trademark?

Yes. Because trademark rights are normally limited to particular goods and services, companies that are in very different businesses generally may use the same trademark simultaneously. For example, many different companies own U.S. trademark registrations for the mark United, for such different products as air transportation services, pumps, cash registers, knives, animal vaccines and real estate brokerage services.

Where products are so unrelated that consumers are not likely to be confused into thinking that they come from the same source, different companies may use the same trademark for these products. However, U.S. law now allows owners of "famous" trademarks to prevent others from using their marks on completely different goods and services—if the other's use of the mark dilutes the distinctive quality of the famous mark. Pepsi surfboards, Mercedes-Benz jackets, M&Ms shoes and 3M umbrellas are all examples of trademarks whose uses (if unauthorized) would probably be prevented by the federal antidilution law.

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