Can I use another company’s trademark to market a dissimilar but related product or service?

Possibly, but not necessarily. Using another company’s trademark as a brand identifier for a different kind of product or service is usually permissible because it is not likely to confuse consumers about the source of the product or service. Consumers generally do not assume that a business sells completely different kinds of products and services. This is why DOVE can be used by one company to sell soap and other bath products , and by another company to sell chocolate , for example. Using the same or similar trademark for completely different products or services is not likely to confuse consumers.

An exception to this rule exists, however, if the products or services, although different, are related. Computers and computer peripherals are examples of related goods. If a consumer could reasonably believe that a company that markets one kind of product or service could expand to market a different kind of product or service, too, then marketing the different but related product or service under the same or a similar trademark could lead consumers to think it comes from the same company.

Example: Consumers could reasonably expect a company that sells computers to expand to sell computer peripherals, too. Therefore, marketing printers under the same name that another company is using to sell computers would not be a good idea. Using the same brand name for printers that another company is using to sell computers will not effectively distinguish the source of the printers from the source of the computers. It would put you at risk of liability for trademark infringement.