If I have the same name as another company, but we are in different industries is that trademark infringement?

This may surprise you, but computer services are in International Class 42, so both you and the other company would be considered the same "industry."

Class 42 lists the following: (Computer, scientific, and legal) Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.

Although the actual description of what you provide and what the other company provides are not the same computer services, and while your respective consumers are probably on the sophisticated side, you're still in the same class, for trademark purposes, so this makes the other company's argument stronger.

See a lawyer for more specific advice based on your particular situation.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

You haven't provided any information about trademark registrations, or types of products/services, so it depends. How different are your industries? Are you in the same international trademark class? Is either or you likely to expand into the industry of the other? Could your customers be confused by your names, websites, trademarks, products, services?

You should consult an IP/business lawyer about your new business - actually, you should have done that before you chose your name and invested time and money into what might not be an available and viable name.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

It depends. You may have to change your name. You need to speak to an attorney who handles intellectual property disputes.

Eric N. Assouline, Esq.
Business Litigation
ASSOULINE & BERLOWE, P.A.
ATTORNEYS AT LAW
213 E. Sheridan Street, Suite 3
Dania Beach, Florida 33004
Telephone: 954-929-1899
Facsimile: 954-922-6662
Email: ena@assoulineberlowe.com
www.assoulineberlowe.com

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