US Trademark Question

[stscac]

Sorry that I cannot describe the product or the product category, as it is private information.

Should be a simple question for you US legal specialists here. I am developing software and have set my mind on a name. I was researching the name, to make sure I wasn't conflicting with any trademarks, and found that the name had indeed been trademarked. But, at one point, I had thought that I had read somewhere that a trademark could share a name with a trademark as long as those names could not be related in the business place.

My question + Example Scenario:

If I am building a software that I want to trademark as "xxxx" where another company already has a trademark for "xxxx" in clothing, can we both share the name "xxxx" as long as they remain unattached and separately recognizable?

-Steve

 

[jberryhill]

DELTA - Airline or faucet?

CHAMPION - Athletic clothing, mortgage company, or spark plug?

UNITED - Airline or moving company?

APPLE - Computers or records?

LIFE - Cereal or magazine?

 

[stscac]

DELTA - Airline or faucet?

CHAMPION - Athletic clothing, mortgage company, or spark plug?

UNITED - Airline or moving company?

APPLE - Computers or records?

LIFE - Cereal or magazine?

so i'll take that as a yes.

The reason I ask, is that, I see that when I search for "Champion", I see many "champion"s, but it seems only 1 has a reg number, and all others only have serial code. What exactly does that mean?

Thanks for the help so far

-Steve

 

[Joey]

Yea, I'd say your could trademark it.