Can a trademark have two owners [Expert Guide]

Last updated : Sept 5, 2022
Written by : Frances Hardaman
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Can a trademark have two owners

Can two people hold trademark?

In the U.S. joint ownership of a trademark is legal. However, it is contrary to the fundamental trademark policy that a mark should identify and distinguish a single source's goods and/or services.

Who is the owner of a trademark?

The owner of the trademark is the person or entity that controls the nature and quality of the goods/services provided under the trademark. The owner is not necessarily the name of the person filling out the application.

Does a partner or a client have the right to use one of trademark?

The trademark shall be registered in favour of both the parties to be held together. Both the entities or parties will have the rights to use the trademark as if those rights are vested in a single person. The joint entities or parties cannot use the jointly registered trademark against each other.

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.

Can multiple people have the same trademark?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

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.

Can you change the owner of a trademark?

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.

How do you prove ownership of a trademark?

Proof of ownership in a trademark can be provided by a certificate of federal registration. It acts as a prima facie evidence of ownership of a mark.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can I register a trademark for someone else?

Can You File for a Trademark That Exists? Registered trademarks offer certain legal protections to unique items such as logos or designs that are associated with tangible objects. In simple terms, this means if somebody else used a trademark before you, you're not able to register that trademark for yourself.

What can you do if someone uses your trademark name?

The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.

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.

What if my name is already trademarked?

If someone else has already registered your trademark, you'll be unable to register the mark. However, trademark protection is not absolute. If you can show that you used the trademark prior to the registration of the other trademark, you may still own the mark. You can't simply notify the trademark office, though.

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.

Can I trademark similar names?

If a proposed trademark name is similar to an already registered one and could be confusing, the USPTO won't register it. To be that confusing, the trademark names must be identical and must belong in the same services or goods class.

Can I trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name.

How do I remove an owner from a trademark?

A: Correction or change in ownership of a mark is done with a document called an assignment. If there is a co-owner of the mark and you're on good terms with them, have a lawyer prepare an assignment for them to sign, and then record that document with the state or the USPTO (wherever your mark is registered).

How long does it take to transfer trademark ownership?

The Process of Trademark Transfer Once this agreement is signed by both parties, you can record the transfer with the USPTO using a simple online form. You will also need to send in a copy of the executed transfer agreement. With online filing, the transfer is typically processed within one business day.

Can trademarks be sold?

Patents, trademarks, and copyrights are all forms of intellectual property and just like any other property, intellectual property can be bought, sold, inherited, or otherwise transferred.

Should I get a trademark or LLC first?

It is important to get BOTH an LLC and a trademark and it is best to form the LLC BEFORE applying for a trademark. Each offers different protections, and they work together to provide broad protection for your business. It is better to form an LLC before filing a trademark application.

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Can a trademark have two owners

Comment by Justa Alcantara

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 Justa Alcantara, have a nice day.
- Frances Hardaman, Staff Member

Comment by berlincui

Thanks for this interesting article

Thanks berlincui your participation is very much appreciated
- Frances Hardaman

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