A conflict exists when one trademark is confusingly similar to another trademark already registered. The principal factors used to determine if there would be a chance of confusion include:

• The similarity of the marks
• The relationship between the products and/or services sold and/or offered under each mark

To be considered a conflict, two trademarks do not have to be identical to one another and the products ("goods") and/or services associated with the marks do not have to be the same. It may be enough that the trademarks are in some way similar and the products and/or services related in some way.

In some cases, trademarks that may seem similar can coexist if they are unlikely to confuse a consumer. For example, two trademarks that may seem similar can both be allowed if they are used for unrelated products or services, and are therefore unlikely to cause consumer confusion.

Some trademark owners assume no one else has a right to independently use the mark in any capacity whatsoever. This is not necessarily true. One can refer to a trademark for a legitimate, non-infringing purpose as long as no more of the trademark is being used than is necessary for this purpose. Generally, trademark laws merely control commercial use of the name.

Learn more about when the use of a trademark might not be considered infringement.

The USPTO trademark classification system divides all goods and services into 45 trademark classes – 34 for goods and 11 for services. When you file your trademark application, you must select the class of goods or services that your trademark will protect, and you must also identify the goods or services you provide. Your trademark will only protect the goods, services and class that you name in your application.

Learn more about trademark classes.