[scotty2hotty]

I know the ultimate answer to this is 'ask an IP lawyer' ... but what is CP if not a repository of diverse knowledge and individuals offering free and/or sketchy advice?

I'm looking at marketing a new fitness supplement. When doing a quick TM search of our proposed name, I see that it is already trademarked. The company/individual with the TM is in a completely different industry, however.

Here is where I'm unclear - when I look at other names/terms, they seem to have multiple trademarks registered by different entities. I am getting the impression that we may be able to use our name after all seeing as how it's in a completely different industry.

So ultimately, before paying for a lawyer, my question is ... is there wiggle room in a trademarked name if it's a different product in a different industry?

If so, then I'll move forward with hiring a pro.

If it's unlikely, then I won't bother and we'll find a new name.