Legal Question in Intellectual Property in Texas

Re: trademark

Yes, both can exist at the same time. The key test for trademark is whether two marks are "confusingly similar" so as to mislead the consumer into thinking that one mark means the same thing as the other. Since you and the German user have different products under the trademark, its unlikely that the marks will be "confusingly similar." Marks are also limited as to geography such that how far away the uses of the mark are made enters into the equation. You're here, the other guy is in Germany - not much of a problem there, unless/until one of you starts marketing in the other's backyard. The other key part of trademark law is simple: use it or lose it. The sanctity of one's trademark is largely determined by how often its used (along with how distinctive the mark is - but that's for another discussion!). Hope this helps a little bit.