Final answer:
You can apply to trademark a word that is already registered if it is for a good or service that is different from yours, but it depends on whether the existing trademark could cause confusion or if it is famous, in which case it might have broader protection. The USPTO regulates trademark registrations, and cases like Buc-ee's vs Choke Canyon illustrate how similarities in trademarks can be deemed as infringement if they lead to consumer confusion.
Step-by-step explanation:
A trademark is a distinctive symbol or word used to represent a company or product and is protected by law. The United States Patent and Trademark Office (USPTO) is responsible for registering trademarks and the process is governed by the principle that trademarks serve to distinguish goods or services of one party from those of others. When you apply to register a trademark that is the same as an existing one, what is critical is whether there will be confusion in the market.
If the existing trademark is for goods or services that are substantially different from yours, there may be an opportunity to register the same word for your different goods or services. However, if the registered trademark is famous or well-known, the scope of protection could be broader and might prevent the registration of the same or similar mark even for unrelated goods or services.
An example of differing goods and service could be the trademark for 'Apple' held by the tech company Apple Inc. for electronic goods and services, and a potential application for 'Apple' for an unrelated product like a travel agency. The consideration in such an instance would be whether the use of 'Apple' for the travel agency would cause confusion among consumers or dilute the existing well-known brand's trademark. In the 2018 case of Buc-ee's vs Choke Canyon, the similarities between logos, despite representing different companies, were indeed deemed by the court to cause consumer confusion, leading to a judgement in favor of Buc-ee's as their trademark was being infringed upon.