Can a trademark be shared [New Info]

Last updated : Sept 18, 2022
Written by : Kimbery Mcday
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Can a trademark be shared

Can multiple people own the same trademark?

Therefore, multiple ownership of a trademark can only be granted if the owners have joint control over the nature and the quality of the goods and/or services. Also, unless specifically stated otherwise in a contract between the owners, in the eyes of the USPTO, multiple ownership of the trademark is equally shared.

Can I let someone use my trademark?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.

What happens when a trademark is used by someone else?

If you use someone's trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

Should trademark be owned by individual or company?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.

Can you use the same trademark name as someone else?

You should search the Internet and federal and state trademark databases, at the very least. You should not use the name if someone in your field or a similar one is using it. You may be able to use the name if someone in an unrelated field is using it, but you should try not to use similar logos, styles, or colors.

Can I trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

How do you stop someone from using a trademark?

In most cases, you will begin addressing infringement by sending a cease and desist letter to the infringer. Many will stop infringing if they become aware that they have wrongly used your mark or used it unknowingly, or that you are willing to legally assert your trade mark rights.

How do I stop people from using my logo?

The most important step: File a trademark in the first place. In state and federal courts, you can try arguing based on your “common law” rights to a name, but you will be far more successful if you are actively using the mark in commerce and have filed for federal trademark protection with the USPTO.

What do you do if someone steals your trademark?

If the infringement of your trademark continues, you may need to go to court. From there, you may be able to obtain a court order prohibiting further use of your trademark and monetary compensation based on either your loss or the other person's profit from the trademark infringement.

Can someone else use my registered business name?

You thought you had registered the name of the business as a trade mark, when it was only registered as a business name. Business name registration does not give you any rights to use that name at all, and no protection from other people who say you can't use that name.

Can you sue someone for copying your logo?

Federal copyright law protects original works of art and design used commercially, such as logos. If the copyright is registered with the U.S. Copyright Office, anyone who violates the copyright by using it without permission can be subject to a lawsuit, as well as fines and damages.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What comes first LLC or trademark?

The trademark needs to be owned by someone. The trademark owner is typically going to be the one who is using the trademark. If the plan is to form an LLC to operate your business using that trademark, then the LLC would be the trademark owner. So the LLC needs to exist before the application is filed.

Which is better trademark or LLC?

A trademark prevents anyone else from selling similar goods and services within the US under your business name. Whereas an LLC affords you liability protection from frivolous lawsuits, it may not be enough to keep your brand safe from business owners who want to knock off your concept.

How do I know if a name is already trademarked?

Before you apply, you should search the USPTO's trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

What names Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

Can someone else use my logo?

Permission to Use Logo Agreement The United States trademark law as stated in the Lanham Act allows a non-owner of a registered trademark to make "fair use" of it without permission.

What constitutes a breach of trademark?

In relation to trade mark infringement you must establish that: the infringing trade mark is being used on identical or similar goods and/or services for which your trade mark is registered. the infringer's sign or trade mark is sufficiently similar to your trade mark and may cause confusion about the product's origin.

How can I protect my logo legally?

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.

Can someone steal my business name by registering it as a trademark?

Anyone can snatch up a business name and use it for their own business. There's no one uniform database or agency that ensures only one business is using a specific business name. That's how we often see very similar company names that aren't related by franchise or corporate ownership from one state to another.

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Can a trademark be shared

Comment by Derek Baldo

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

Comment by Fletcher

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

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