I want to register trade mark name in our country. We found the same name is registered in Japan only (not in our country). I think we can register the trade mark name in our country. This is because we will use the trade mark name to name specific technology and a specific class. In Japan, the same trade mark name is registered in a different class and used for a product name. What are disadvantages of using same name?
Confusion. Once a brand is established people associate it with the products it sells or services it offers. Also, even if it is legal to register it in your own country, you could very well have problems should you ever want to branch out in the future. It's always best to try to come up with something unique and identifiable.
Complex question. Many factors come into play.
Best solution, use a different brand name. If you're working in a very different industry, likely this won't ever bite you.
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I'm a trademark attorney and have experience advising clients on issues such as this. If the name you're interested in using will be connected to different products and services than the mark registered in Japan, there may be very little risk of confusion. You'll likely have different customers/clients and different marketing regions.
Think of the name "Dove." We have "Dove" bar soap and "Dove" chocolate. Same name; however, the products are completely different and are protected in different trademark classes. There is no risk of confusion and the two are able to coexist.
One anticipated risk is the mark could ultimately be diluted (i.e. lose its strength and uniqueness), but that depends on a host of other factors. Please let me know if you have additional questions.
