Trademark overlaps aren’t always about someone trying to copy you. Sometimes, two businesses in different industries come up with the same or similar name by coincidence. For example, a tech startup might want to use a name that’s already registered by a clothing brand. Since the industries are unrelated, both could technically coexist — but the similarity may still trigger a review.
Overlaps can also happen when your brand expands into new territories. A name that’s available in your home country may already be taken abroad, creating a roadblock for your international plans.
Multiple Applications: A Balancing Act
Filing multiple trademark applications is common if you’re selling in more than one country or want to protect different parts of your brand — like your logo, slogan, and product name. Each application is like a chess move: strategic but sometimes slow.
The main challenge is timing. Trademark offices don’t all work at the same speed, and some might approve your application while others raise objections. If you’re managing multiple filings, patience and organization become your best friends.
How to Handle Conflicts
If a trademark office flags your application because of an overlap, don’t panic. You have options:
Negotiate: If the other brand isn’t a direct competitor, you might reach a coexistence agreement. This outlines who uses the name, where, and for what products.
Adjust: Sometimes tweaking your brand slightly — like adding a word, changing the logo, or narrowing the scope of goods — can solve the problem.
Challenge: If you believe your brand has stronger rights, you can oppose the other application or file for cancellation. It’s a longer process, but worth it if your brand identity is at stake.
Keeping It Organized
Managing multiple applications is a lot like juggling. You need to know which ball is in the air and where it’s headed. A few practical tips:
Track deadlines carefully. Missing a renewal or response date can set you back months.
Use the Madrid Protocol if you’re filing internationally. It lets you apply for protection in multiple countries through one system.
Work with experts. Trademark attorneys or agents can save you from costly mistakes and handle the paperwork maze.
