Can i use a trademark name [Up To Date]

Last updated : Aug 20, 2022

What happens if I use a trademarked name?

Using a registered trademark without permission from the owner can lead to a trademark infringement lawsuit.

Can you name someone a trademarked name?

The U.S. Patent and Trademark Office can register an individual's name as a part of a trademark; however, it only grants protection to names that are extensively utilized in commerce or ones that are distinctive. Logos are protected to established names that identify a product or company from other competitors.

Can 2 businesses have 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 a company sue you for having the same name?

Trademark Registration Then, the owner can face a lawsuit for using the same name as someone else even if the second party registered a trademark for the company after the first owner created the company. These situations usually require the services of a lawyer to both understand and pursue.

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 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.

Is it better to trademark or copyright a name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

Can I use a name for a business that already exists?

Can I use a business name if it exists in another state? All may not be lost. You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn't violate trademark rules. This is common practice for smaller local businesses.

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.

How do you know if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen. Check state trademark databases.

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.

What if my business has the same name as another?

If your exact business name is taken by another company, your state's Secretary of State will not permit duplications so as to avoid confusion. That said, you can run into trademark issues if your business and another's fall within the same category or are substantially similar.

What are the three types of trademarks?

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

How hard is it to trademark a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

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.

Is Mickey Mouse a trademark or copyright?

People can now create their own stories with the original Mickey Mouse character. However, there are still legal hurdles like trademark law. Disney holds Mickey Mouse trademarks for a variety of commercial uses. And while copyright is time-limited, trademarks are not.

What are the benefits of having a trademark?

• A Federal Trademark Registration Protects Against Infringement.
• A Federal Trademark Registration Provides Nationwide Validity.
• A Federal Trademark Registration is a Valuable Asset.
• Unique Trademarks Helps Customers Find You.

Can trademark override a copyright?

Does a Trademark Override a Copyright? No, a trademark doesn't override a copyright since they safeguard different types of work. For example, a trademark protects your company's unique identifiers, while a copyright protects creative works. Therefore, only registered works will receive legal benefits and protection.

Can two LLC have the same name?

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. 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.

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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 Charlie Engelman, have a nice day.
- Lionel Beshero, Staff Member

all right Baron Branson asked me on Quora am I allowed to use a trademark word within my domain address such as Shopify I'm Andre mink of the father of trademark factory and here's my answer to Berens question I hate saying this but it really depends on a couple of things one it depends on what the word is how common it is outside of the brand that it's trademarked for like Apple right if you're selling apples nothing prevents you from using the word Apple in the domain name Apple and the other thing to look at is what your activity is are you trying to create the perception that you're somehow associated with licensed by or endorsed by that other brand and if you do such a thing but then the brand owner would probably have a pretty good case against you not being allowed to put their name and your domain name but if what you're doing has nothing to do with what they do then it should be okay right again two things how uncommon their word is and two are you trying to convince the world that you're somehow associated with them to the specific question of Shopify if Shopify is the word then it could be an issue because it's an invented word that they came up with a they trademarked and yeah so if they feel that whatever you're doing your domain name or your activity behind the domain name somehow threatens the integrity of their brand they'll probably go after you and they're probably gonna be able to win but the rule of thumb here is if you're not sure don't do that because it's a lot easier to build a brand from scratch that doesn't rely on you getting away with what might be perceived as an infringement versus you're just starting out with a name that's new that's unique that you can build some massive value on and claim it as your own this is what Shopify did they didn't call themselves my Amazon if I or you know Walmart fi or something else they came up with our own name and they made that into a name that everyone finds very valuable now Baron I hope this answers your question and if you absolutely hated this video but you watched it all the way up to here subscribe now because you post videos just like this every day so whatever held you watching this up to here there'll be a lot more to come so subscribe now get notified whenever the next one comes live until then I'll see you in the next video

Thanks Del your participation is very much appreciated
- Lionel Beshero

About the author

Lionel Beshero

I've studied optical astronomy at University at Buffalo, State University of New York in Buffalo and I am an expert in historical archaeology. I usually feel discontent. My previous job was technical & scientific publications editor I held this position for 20 years, I love talking about nordic skating and hockey. Huge fan of Shawn Mendes I practice gymnastics: rhythmic and collect stamps.