Can i use a name that is trademarked in another country [New Data]

Last updated : Aug 25, 2022

Can you have the same name as a business in another country?

Legally, there should not be any issue with companies of the same name in different countries.

Can I use an already trademarked name?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

Are trademarks protected internationally?

How do I register my patent, trademark, or copyright overseas? Patents and trademarks are territorial and must be filed in each country where protection is sought. A U.S. patent or trademark does not afford protection in another country.

Can someone sue you for having a similar business name?

A trademark lawsuit will require you to prove three things: You have registered a trademark or service mark in the name. Someone else is using the same or similar name to sell similar goods and services to yours. The infringer's use of the name is confusing customers or diluting the power of your trademark.

Can 2 businesses have the same name in different states?

Two Businesses Can Have the Same Name in Different States Because naming rules are limited to one state, businesses formed in different states can have identical names.

Can the same name be trademarked twice?

However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.

How much does it cost to internationally trademark a name?

You can file online for international trademark registration through TEAS for a filing fee of $100 per trademark class. Under a treaty called the Madrid Protocol, international trademark registration protects your mark in the 80 countries that are signatories, of which the U.S. is one.

How do I know if a trademark is international?

The World Intellectual Property Organization (WIPO) of Geneva regulates the registration, and it provides a database for international trademark search. This facility allows businesses operating globally to find existing trademark applications, statuses, and decisions within the international database.

How do I trademark my name worldwide?

In order to register your trademark internationally, there are two ways you can make your filings. One is through the Madrid Protocol, and the other is by hiring a local attorney in any individual country you would like rights and having that local attorney filing the application for you.

What if someone has trademarked my name?

Infringing on the Trademark Name If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. Then, he or she will need to change the name to avoid a possibly detrimental lawsuit based on the trademark already in use.

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.

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.

Can you 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.

Can another business use my name?

Once you register, nobody else can use the name locally, which protects your business brand. If someone new starts using your name, contact the city or county office you registered with. It may be the new business hasn't registered its DBA. In that case, the county can inform the company it's violating the law.

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.

What are the 3 types of trademarks?

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

Should I register my trademark internationally?

But if you sell online, your trademarked products or services are available—at least viewable—internationally. So, international registration is a good idea. Doing business in other countries outside the U.S. means you should probably use the international trademark registration process.

What is the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Is a Canadian trademark valid in the US?

If you are planning to expand your business outside of Canada, it is important to remember that your Canadian trademark registration offers you no protection abroad.

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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 Gail Bendel, have a nice day.
- Hui Repke, Staff Member

hello i'm tami shambati houston-based attorney and host of ask timmy live and today's question of the day is can i trademark a name that someone else is already using now this is a question i get asked all the time and it's a great question so here's the answer it depends with a strong leaning towards the side of no but it depends and let me unpack that a little bit more why am i saying it depends well let's say you want to use a name that someone else is using but they are not in the same lane as you perfect example we have delta airlines and we have delta faucets delta airlines is operating all the way over here delta faucets all the way over here is it is it likely that someone is going to mix up the two companies do you think that someone who is going who is looking for airlines right booking a flight is going to accidentally try and book a flight with the faucet company no there's not a likelihood of confusion there right and so in such instances where the name that you're trying to use is a name that's being used but in a different industry with different goods and services then yeah maybe if however you're trying to copy the name or do something similar use the name of product or service that somebody is already using even if they haven't already registered it but you're in that same lane you know you're wrong we don't have to talk about like there's a legal side to this but you already know what you're trying to do right um and so we're going to say that that's a no and the law is going to agree and say that's a no because they do not want a likelihood of confusion if you're trying to operate in this area where somebody else has already established their roots why are you trying to do that it's not nice um and the law reflects that they want to look at first on use so when they're looking at who has stronger rights to a name surprisingly it is not the first person to register the name it's the first person to use the name and registration service has proof of your use it's not the only form of proof that can be proffered or provided but it is strong proof and it also provides notice to the rest of the world that hey this is my lane i own this area okay so don't come and play over here right so that is what essentially happens and that's where you get that strong no if it's a similar good similar service then you don't want to do that but if you're in two different areas so we already gave the example of the delta there's also this golfing company called my girl so they're talking about the golf clubs and so they're called my girl golf clubs i don't know why but they've registered a mark when it comes to golf clubs there's another mark when it comes to guess what dolls and clothing and apparel for the dolls that's called my girl they can operate and coexist because they're operating in two different markets they're operating in two different channels they're operating with two different products and services they're not trying to confuse each other they're not trying to steal each other's business they're doing their own thing right and so that's what i want to encourage you to do as well if you see that someone has something that is similar to the name that you want to use or exactly the same it's probably better that you go back to the drawing board and even as a business owner if there is something that is so similar to yours like a lot of times i have people who come to me and they say that oh it's different from mine because mine i have two e's and they have one e or you know let's say they're saying um miss miss stacy's and they're like oh miss stacy with a y and this one is miss stacy with an i well do you want your customers to have to think that hard has to which which company they're trying to deal with from a marketing perspective from a branding perspective that's not what you want because that could cause them to accidentally give the other miss stacey with the y the money that they intended to give you miss stacy with an eye the example i gave is very interesting but essentially that's what you should keep in mind um if you're operating in two different product areas then it might be okay but i also want to caution you when you're deciding what your brand is going to be and the marks you're going to use think about not only what you're currently selling the goods and services that you're using now but the areas where you might as eventually expand into because that can cause you trouble in the future if you expand into an area where there's a mark that already is in use perfect example is apple when apple started there was apple computers that they created but there was also apple music now they thought at the time that yo we're in two different lanes i'm not crossing into your lane we're good right music computers or music computers well what happened over time apple decided the great idea of itunes and and ipods and all of this music related material goods and services that they started to provide and guess what apple music that was saying hey we don't want you to play in our playground when they started was like now you really are making a mistake and guess what apple music got paid a lovely sum of money by apple computers because they were in the right and apple computers was in the wrong so you want to keep that in mind when you're thinking about your name it's like okay right now i'm just selling this but i think i'm gonna sell this this this and this as well let me make sure that those areas i have some type of i'm coming up with some type of strategy to make sure that nobody else is using it and that area remains um protected for me that was a lot i hope it was helpful if it was go ahead and like this video share this video subscribe to this channel and then follow me on social media you can find me at tos legal you can find me on instagram twitter facebook and you can visit my website wwe and let me know if you have any other questions drop a comment below love hearing from you and can't wait to talk to you soon have a great great great week bye bye

Thanks thelyndontreet your participation is very much appreciated
- Hui Repke

About the author

Hui Repke

I've studied proof theory at University of Maryland, Baltimore in Baltimore and I am an expert in programming language semantics. I usually feel okay. My previous job was crane operator I held this position for 6 years, I love talking about roller skating and origami. Huge fan of Anna Faris I practice disability sport and collect match-related items.