Can i trademark a similar name [Expert Approved]

Last updated : Sept 11, 2022

Does trademark protect against similar names?

Registering a symbol or brand name as a trademark allows the trademark holder to sue others who attempt to use the trademark. However, the trademark does not keep other companies from inadvertently or purposely confusing customers with a similar mark.

What if someone has a similar trademark?

Entities that hold trademarks have the rights to that mark and are able to use it in commerce. Marks that are too similar to existing ones infringe on those rights. Trademark law works to prevent this confusion, so the USPTO tries to bar registration of trademarks that could confuse the average consumer.

Can two business trademark the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Can I trademark a name that already exists?

So yes, it's entirely possible to trademark a last name, but if you cannot satisfactorily prove “acquired distinctiveness” to the United States Patent and Trademark Office (USPTO), you will be denied the full protection of federal law for your trademark.

Can you get sued for similar name?

If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.

What if my business name is already trademarked?

If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. Trademark issues can be complex. In trademark infringement cases, courts look at whether consumers would be confused by two businesses that operate in the same industry.

Can you trademark a name that is already in use but not trademarked?

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.

What if a company has the same name as mine?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

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.

How many years 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.

How much does it cost to trade mark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Can I start a business with the same name as another?

When you're forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours. If you want to protect your business name across all states, you will need to trademark it.

Should I get a trademark or LLC first?

4. Should you get an LLC first or trademark? Yes, you should get an LLC first before a trademark because the trademark application will need to identify the LLC as the trademark owner. You should create an LLC or business entity before you file a trademark application.

What if my LLC name is trademarked?

You can bring an action on trademark infringement in federal court if your LLC's name is a registered trademark, and can file the registration with U.S. Customs and Border protection to stop the import of foreign goods that infringe on the mark.

Is it worth trademarking a business name?

Names hold power in business. So establishing ownership of and rights to a business name is an important step for businesses that want to ensure a name remains one-of-a-kind. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows.

Can someone steal my trademark?

Even after your trademark application has been approved, people can challenge and steal your intellectual property, using legal means. The reasons this is possible is that approved trademarks do not come with absolute ownership.

Can two LLC have the same name?

It is possible. Most company names or assumed names are registered at the state and local county level. They are not the same thing as trademarks, although sometimes an assumed name or company name can create trademark rights if...

What is not protected by trademark?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

Can you put a trademark on anything?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

What happens if your trademark becomes generic?

Genericide – What happens once a trademark becomes generic? Unfortunately for the trademark owner, once a trademark becomes generic it loses its trademark protection and it becomes available to the public.

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Write a comment

hey this is Dan and I want to talk a little bit more about trademarks today and someone called me Ari messaged me the other day is hey there's this name I want to register can you help us register it and so what I did was I did a quick and dirty google search and the search on the United States Patent and Trademark Office and unfortunately for them there their name was confusingly similar to and all register already registered mark inside had a kind of a hard conversation with them to go back and say hey you really got thing about using a different name because there is an re registration for a similar name and and it's in the same space you guys gonna compete for the same customer so I'm pretty conservative with with with these types of things and so we so suggest to them you know it I think you're gonna not have a really good chance in getting this and getting this trademark the part of the conversation also went like you know you know it's not an exact same name and you know we have less less words in the name so I think the registered mark had like five words and then my client had only two words but you know his two words were inside the other the registered marks five words and so you know one of the things my one of my mentor said is like you can do you can't there's Nike all right you can't do super Nike right and so this is this is kind of like the reverse right I mean assuming that super Nike was already registered mark you just can't go register we're discouraged astir Nike so the reverse I believe there's also true so you know it's really imperative for people to understand you know how what's how and what types of marks you can get and you know how to search for conflicting names and so before you actually apply for registration do do your due diligence or have an attorney do the due diligence for you I always recommend doing a comprehensive search because you know the United States Patent and Trademark Office is only for registered marks there are marks out there that are being used to have common law rights that are probably called superior tours they have more rights over you they aren't registered right and so if you try to register in those particular situations you can have a mishmash of rights and you may not have really full protection over all 50 states and so it's really important to work with an experienced trademark attorney to help you navigate the nuances and to really create a strategy for you to give you the best success to get a registration so hey this is Dan I want to share something with you guys that I had a conversation with with earlier this week with a client about trademarks and names and conflicting names and I hope that's been helpful you guys have any questions about trademarks and wanna learn more about trademark so you can grab my book my TM live.com I'll send it out to you for free just paste a little bit shipping and handling and you'll learn more about trademarks probably more than you ever need to know alright this is Dan I'd like to see

Thanks for your comment Clarence Passarelli, have a nice day.
- Karol Plamondon, Staff Member

beneficial bey asked me on youtube if we're in the same class can I use two and one if somebody else already uses one and two my name is Andre mint if I'm the father of trademark factory and I answer questions like this all the time so subscribe and get notified whenever the next one goes live here's my answer to this question alright so first let me try to rephrase it just to make sure I'm answering the right question so let's say somebody trademarked a brand that has two components to it separated by an and alright so a and B or one end - and the question is is it okay for somebody else to come in on the market and start using a slightly different brand for the exact same products and services and the only difference is that instead of one and two their brand is two and one so not a and B but B an A now that's what's usually considered confusingly similar because most people may not necessarily recognize the order in which the the to the to appear and unless you can you can prove that the that nobody in the right mind would ever confuse the two be a very very very hard thing to sell to the judge or the trade box office so the the standard is not comparison with a view to find the differences the distinctions the the way they make those decisions is they look at whether somebody who barely remembers the first mark when exposed to the second mark would be likely to think that both products come from the same company right so it's in this case if you've got the exact same components and an in-between it's it's it's very unlikely that you'd be able to get away with it the only way to get away with it really is if you got the consent from the other company and you could make the case that to the trademarks office that they don't mind and the market can actually distinguish between the two and as you conquer the market with your second mark so you get a lot of people to know you under that brand while they also know the other company and they're their brand so for example I don't know Tom and Jerry and you know Jerry and Tom right they do sound differently so you can make that case but only if you can convince the trademarks office of the court that the the earlier brand owner is okay with that because if they're not you're in trouble I and look if you're just thinking of starting a business and you're just thinking of a new brand and you know that there's somebody out there with that brand and you're just thinking well why don't I just change the order price never never never a good idea to start building one of the foundational assets of your business knowing that it can be taken away from you like this it's really a bad idea because I mean look would you go and spend any amount of time and money building a house on the land that you don't own but not just on the land that you don't own but building it on you know on the spot on that land that constantly get washed off by the sea and also that sand so if you know it's not stable right so whatever investment you make in building that house on top of that sand that's constantly being washed off by the water is is not a very wise investment let's put it that way so similarly with a brand there's no reason in the world to spend a minute of your life or a dollar out of your pocket building a brand that you don't own owning the brand is more important than having a great brand because having a great brand you don't own gives you nothing having an okay brand that you own gives you an opportunity to build that okay brand to something that millions of people will know recognize and love and that will eventually become a oh you know super valuable and can become six-figure seven figures it can be worth billions think of Nike swoosh they paid $35 for the design now they're their entire brand portfolio is worth tens of billions of dollars right there's nothing inherently amazing about the brand what made it amazing and super valuable is what they made of it because they owned it so that's my answer to this question I hope you liked it if you did like this video post a comment below if you have questions for me and make sure you subscribe to get notified whenever the next video goes live and go to trade my factory comm to book your call with a strategy advisor if you've got a brand that you want to protect because look it's one thing to ask question about well well about one and three versus two and one in real life these questions are a lot more complicated there's a lot more to it that goes into checking whether you can use a brand you can own a brand and the first thing we're gonna do when you become a client is we're gonna do a comprehensive trademark search to check how likely it is that you'd be able to register your trademark and if it is then for one five feet you're gonna get the whole thing registered from start to finish with 100% money-back guarantee and if we find some issues that make your brand not ask trade markable as you like then you can get all your money back it's a full refund we don't you know keep anything for the trademark search that we've done you essentially you get a free opinion why your brand is trademark Abel but again we're not we're not a refunds company we're a company that helps you protect your brand so if that's what you want go to a trademark factory they'll come and book your call right now and until then I will see you in the next video

Thanks keldinaI your participation is very much appreciated
- Karol Plamondon

About the author

Karol Plamondon

I've studied outdoor education at Bradley University in Peoria and I am an expert in space law. I usually feel indescribable. My previous job was narcotics investigator (government) I held this position for 2 years, I love talking about sculpting and rapping. Huge fan of Dallmyd I practice mountain biking and collect swarovski figurines.