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Written by : Cesar Kurylo
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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 Lashanda Haggett, have a nice day.
- Cesar Kurylo, Staff Member
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
About the author
I've studied atmospheric electricity at Dunwoody College of Technology in Minneapolis and I am an expert in program semantics. I usually feel melancholy. My previous job was veterinarian technician I held this position for 2 years, I love talking about cycling and calligraphy. Huge fan of 21 Savage I practice speed skating and collect postmarks.
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