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Written by : Kimbery Mcday
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can you get a trademark if someone else is already using your name the answer is maybe just maybe it depends upon a few things let's talk about them first if someone else is already using your name but they don't have a registered trademark then you just might be in luck so let's say that you've been operating I don't know Sam sandwich shop and is another Sam sandwich shop in some other part of the country or the world that's been using their name longer than you if they didn't file for trademark protection first you can still race them to the trademark office file your application and possibly get your trademark rights first so just because someone else is already using your name even if it's in connection with the same business as you you could still obtain trademark protection but what if someone has already filed for trademark protection for their name before you and has trademark rights can you still get trademark protection the answer is still maybe alright I'm chock full of good news today so two companies with the same name can both have trademark rights so long as they have different types of goods or services this might surprise people because you may think that once you have a trademark you get a monopoly or exclusive rights to use your name but that's not the case you only get exclusive rights within the same classes or categories or types of goods and services that you offer so think about Delta the airline and Delta the water faucet company both are called Delta both have trademarks and they're allowed to do so because consumers aren't really confused they don't think that the same company that flies planes also helps you get water from your sink so if you have a name that you want to get protected but you're worried because you see somebody else is out there online using it or you know that they have a registered trademark you're not dead in the water yet by contacting a trademark attorney they can run what's called a trademark clearance search and be able to determine one what is your likelihood of success of getting a trademark based upon what other trademarks have been filed before you or what roadblocks might exist for you obtaining trademark protection and by having that information you and your trademark attorney can come up with a plan of how to protect your business name or logo and get all those wonderful and exclusive rights that come with trademark protection but you might be thinking Ethan what are these wonderful benefits that come with getting a trademark I'd love to tell you about them but you've already been watching this video for like two and a half minutes so instead I invite you to visit trademark Tuesday's com where you can download our free guide called how to protect and grow your business or brand with trademarks and it's going to provide you with answers to all common questions about trademarks such as what is the trademark process what are the benefits or what will happen if someone else uses my name so visit trademark Tuesdays dot-com download your free guide and get all those juicy answers to those tough trademark questions that you've been thinking about there's actually coffee in this cup okay not much less but you were thinking I was faking it uh-huh it's coffee it's cold but there's coffee
Thanks for your comment Derek Baldo, have a nice day.
- Kimbery Mcday, Staff Member
well almost all countries have trademark jurisdictions in their own process for registering trademarks your registration in the u.s. is really only u.s. specific so if you want to go into other countries and protect your mark you do have to file applications in those countries now there are some efficiencies the EU for one filing one price can give you the entire EU there are also several treaties out there that provides certain filing advantages if you want to protect your mark in a country that that is part of that treaty so it's really a situation where you do have some options and there are pluses and minuses for the different options but it can get pretty cost-efficient to go into foreign countries the thing about most foreign countries you know I mentioned earlier that in the u.s. you have to be using the mark before a registration issues most foreign countries just treated it as a first-to-file situation where if you file that application and have that registered mark you're the one with the right to use it regardless of if somebody else is using it or or if some other companies using it in a different country and that's why it's important if you do start to think i'm going to start distribution into foreign countries you want to think early about trying to lock that mark up so you know there are certain countries that are known for trademark pirates and if they get wind of a popular mark in the u.s. they could try to file before you just to to create some problems and be able to exploit it on their own so it's important in those first to file countries to get an application in in fast you
Thanks Fletcher your participation is very much appreciated
- Kimbery Mcday
About the author
I've studied perceptual control theory at Bay Path University in Longmeadow and I am an expert in geometric number theory. I usually feel okay. My previous job was directory assistance operator I held this position for 13 years, I love talking about board/tabletop games and photography. Huge fan of Tony Shalhoub I practice olympic sports and collect hockey cards.
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