Can i use someone elses trademark [Expert Guide]

Last updated : Sept 23, 2022
Written by : Cesar Kurylo
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Can i use someone elses trademark

Can you get permission to use a trademark?

The person or business that has applied for the trademark may request permission to use the trademark already registered in the registry. The Lanham Act is the statute that governs federal trademark law to a large degree. Certain uses of trademarks are allowed by one clause of the law.

How much does it cost to use someone's trademark?

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).

What happens if someone uses my trademark?

If the person or entity receives your letter and continues to use your trademark, it's time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.

How do I stop someone from using my trademark?

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.

How do you prove a trademark is used?

  1. Photographs that show the mark on a tag or label affixed to the goods.
  2. Hangtags or labels with the mark and the generic name of the actual goods on the tag or label and informational matter that typically appears on a tag or label in use in commerce for these types of goods.

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.

How do you reference someone else's trademark?

The use of someone else's registered trademark doesn't require you to use quotation marks. However, you should indicate that the mark is a trademarked item and not the result of your own work. Most trademarks are identified by the letter R in circle. On a PC, simply press "Alt" along with 0174.

Can two companies 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 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 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.

What is the punishment for trademark infringement?

The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It's also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.

Can you trademark someone else's logo?

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 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 are the three types of trademarks?

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

How much does it cost to file a trademark for a phrase?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney's assistance, the cost averages around $1,000 to $2,000.

Can I put a Nike logo on a shirt for personal use?

In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn't impossible, but you should never use someone else's logos on your T-shirts or other clothing without their explicit permission.

Can I use part of a trademarked name?

If you are going to use part of the trademark for very similar goods/services, then there may be a trademark infringement issue, and it may depend, to some degree, at least, on whether there is a crowded field of similar trademarks for similar...

Can I use someone else's product in my product?

The general rule is that it's lawful to incorporate another's product into yours so long as that other product is not identifiable to your end-buyer -- such as by a visible [or smellable] trademark or via the appearance of its unique trade dress [like...

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.

What do you do if someone uses your business name?

If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.

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Can i use someone elses trademark

Comment by Lashanda Haggett

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 Lashanda Haggett, have a nice day.
- Cesar Kurylo, Staff Member

Comment by Reinaldo

if you find out that someone else is using your trademark or something very similar to your trademark and they're in a similar line of business or work then there are several steps that you want to take and really the first most important step is to stop to slow down don't do anything on your own don't reach out to the other company talk to a trademark attorney and the reason is you want to evaluate whether this is a legitimate claim whether they really are using your mark in a manner that would confuse consumers whether they are a competitor in either your industry or a related industry of products and services and you want to make sure that you have the dominant rights and so it doesn't backfire what I mean is if they were somehow using it first and you just didn't know about it contacting them could actually backfire if you contact XYZ and say we think that you're copying our trademark and we demand you stop and they write back and they say well actually we agree that these are confusing but here's proof that we were using it first now you've actually just created a problem for yourself instead of solved the problem so you want to make sure that you get the foundation understood in terms of what the facts are before you take action and if you haven't registered your mark yet you want to most likely at least start the application process before you reach out to and contact the other business because if they file before you at the USPTO that will just cause even more problems and complicate and make the situation even more expensive if this situation is international it may change the perspective here and the options and him you may not even have any rights depending on whether you've done business internationally so that's another factor that you want to consider before taking any action

Thanks Reinaldo your participation is very much appreciated
- Cesar Kurylo

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