Trademark registered brand name different owners and countries

[Spark]

if a Canadian company has a registered trademark brand in Canada,
and there is a USA company with the same registered trademark name in the USA
both selling simular products under thier brand name.

Can both companies sell thier simular trademark brand name products online using the same trademark name ?

example,Someone has the name Super k clothing and registered the trademark in the USA and thier website is Super k clothing.com

and in Canada someone has the name Super k clothing and registered the trademark in Canada and thier website is Super k clothing.ca

thanks in advance

[AFFA]

Re: Trademark registered brand name different owners and countries

I wish to inform you that both the companies can sell their product online. Further if sale by company in Canada should not be in USA because then US Company can claim its trademark is being breached. Similarly US Company must not sell in Canada because then it may cause breach of trademark. Protection of trademark is within the national borders of the country unless international trademark under WIPO is not taken.

AFF

[Unregistered]

Re: Trademark registered brand name different owners and countries

The confusion in the law between trademarks and tradenames in Canada is rather universal and often costly. In my blogpost, I simplify the difference between the two. You can read all about it here: Trademarks vs. Trade Names. How trade-marks are different from tradenames in Canada. | Mincov Law Blog

[Lexus]

Re: Trademark registered brand name different owners and countries

I would like to inform you that Trademark protection was once a country-by-country affair. But it is now possible for trademark holders to register their mark with many countries at once so their trademark has global-scale protection. You can research international trademarks in online databases.