trademarkLet’s say I want to register www.buyusedshoes.com as a trademark “BuyUsedShoes.” If I search the USPTO website, no entries come up for this search. Let’s say my site allows you to buy used shoes.
However, there’s another company with the website www.sellusedshoes.com with a registered trademark “SellUsedShoes.” And let’s say their site allows you to sell used shoes.
So now there’s another company with a slight variation in the company/domain name, and we’re in a similar (if not the same) industry.
Would I be able to register this trademark?
No, you could not, but the reason is not because of similar names out there.
You can't trademark names that are purely descriptive (see here). The phrase "BuyUsedShoes" is purely descriptive of selling shoes. It is not fair to other people selling shoes to prevent them from using that phrase because everyone selling shoes needs to use a phrase like that.
For comparison, you could trademark the phrase "BuyUsedShoes" for selling apples because in that case it would not be descriptive.
There is no registered trademark in the US for "Sell Used Shoes." You can search trademarks here. Perhaps you are confusing domain names with trademarks. A domain name is not a trademark, but you don't need a trademark to use a domain name. There is nothing stopping you from using buyusedshoes.com (assuming it is available).
I’ll answer the question, putting aside the descriptiveness issue:
First, the www and .com are pretty much meaningless as far as the USPTO goes. The other thing to know about trademark law is; a trademark is always for the mark (text, picture, etc.) plus the classification. It’s two pieces — never separate them. Also, as I mentioned in a comment, buying vs. selling is also pretty much irrelevant. And what’s really important: the bottom line that USPTO inspectors and courts look to, is avoiding confusion for consumers.
To your hypothetical: a NY company has registered the mark SNAPPLES for selling shoes. They might have the website www.snapples.com. A NJ company calls themselves APPLES for buying shoes. They have the website www.apples.com. They haven’t yet registered their mark.
Let’s also specify that APPLES and SNAPPLES target the same demographic, use the same kinds of marketing channels, place their ads and products in the same stores, and in the same geographical regions.
Chances are, if they try, SNAPPLES will contest the new registration and they will win; the application will be rejected. And further, based on their pre-existing registration, SNAPPLES will obtain an injunction to force APPLES to change their name. (Of course, they may try to do this even if APPLES doesn’t seek registration. That’s one of the purposes of registering in the first place.)
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