Written by Jan Buza
Co-founder of Trama
Yes, two trademarks with the same name can coexist if they're registered in different countries, or if they operate in different classes of goods and services.
Since trademark rights are territorial, a registration in one country does not prevent an identical mark from being registered in another. Two businesses can legitimately operate under the same name in different markets without either infringing on the other.
Within the same jurisdiction, identical or confusingly similar marks can coexist if the goods and services they cover are different enough that consumers are unlikely to confuse the two sources. A co-existence agreement between the two owners can formalize this arrangement. A prime example of this is Delta (the airline company) and Delta (the faucet company).
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