Can I Register Two Trademarks for the Same Company?

Introduction

Trademarks are a crucial part of any company’s brand identity. When you have a trademark, it gives you the right to use that word or phrase as your brand name and stop other companies from using it in their own branding. So if you’ve got an amazing idea for a new business name, why wouldn’t you want to be the only one using it? The good news is that there’s no limit on how many trademarks you can register at once, so long as they’re all users within your industry or product line. In fact, getting two trademarks—and paying the fees associated with registering them—can actually be cheaper than applying for just one!

Can Two Companies Register the Same Trademark?

Using a trademark for the same company is a very common mistake. But it’s also one that can be avoided with proper research and planning. In short, you will not be able to register two trademarks for the same company.

Can Two Companies Register Different Trademarks but Use Them in the Same Industry?

You can register two or more trademarks for a company if they are used in different industries. However, you cannot register the same trademark if you are in the same industry. For example, let’s say Company A and Company B both sell sports equipment; it would be possible to obtain separate registrations for one of these companies, but not both because they will be competing with each other.

However, if Company A sells baseball bats and bat accessories and Company B sells baseball gloves and glove accessories (i.e., products that are not directly competing), then registering two trademarks isn’t an issue because the goods aren’t directly competing with one another.

Should You Register More Than One Mark for the Same Company?

Yes, you may register more than one trademark for the same company. However, please be aware that in the United States, you can only register a single mark per class of goods or services and there are only 45 total classes of goods and services. For example, if you have a website and want to register both your logo as well as your domain name, this will not be possible because both are considered “Internet” goods—so they fall into Class 35: Computer and Software Services & Scientific Services. You could, however, register both separately under different classes such as Class 9 for Non-downloadable Software (for the logo) and Class 36 for Financial Services (for the domain).

If you have an existing mark that is already registered but would like to apply for another similar mark with some minor changes (such as color), it is possible to do so by requesting an amendment rather than going through all four steps again from scratch.

Can you get Two Trademarks that are Similar?

Trademark law requires that you don’t register two trademarks that are too similar. If your second trademark is too similar to the first trademark, you will not be able to register it at all.

If you do manage to get around this hurdle and successfully register your second trademark, then you may still have trouble defending it against an expensive challenge from the owner of the first registered mark.

What Happens if you don’t Register my Second Trademark

If you don’t register your trademark, it’s possible that the United States Patent and Trademark Office will refuse to issue a registration for your mark in the future. This is called “failing to use” your trademark, and if it happens because you didn’t have time or money to register the mark previously, then there’s nothing else you can do about it.

Takeaway

If you fail to use a registered trademark within three years of registration, someone else may be able to challenge your registration by claiming they’ve been using the same mark (or something similar) on products or services that are similar enough that consumers might get confused. If no one challenges a registered trademark within five years after the publication of its registration certificate in the U.S., then it becomes incontestable—that means no one can question whether the owner really owns rights over their mark anymore!

Conclusion

As you can see, whether or not your business should register a second trademark depends on the type of company you have and the goals you have for your brand. If possible, it’s always best to consult with an attorney or trademark agent before making any decisions about registering another mark so that they can give some advice about what’s best for your company’s future.