And the answer to that is yes because when you registera trademark, you don't get a monopoly over a word,phrase, or logo itself. So as long as your products andservices are completely different from the other registeredtrademarks you can safely use or even registerthat.
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Simply so, can I use a trademarked name?
Stated briefly, trademark law makes it unlawfulfor a business to use a trademark (e.g., a slogan, a logo, aname) in connection with a good or service if thatuse is confusingly similar to another business's useof a trademark.
Furthermore, can I trademark a name already in use but not trademarked? Yes, you can trademark a name already in use.When it comes to trademarking a company name, you mayfind that your name of choice is already taken. Ifyou operate within non-competing industries, you may stillbe able to trademark your name.
In respect to this, can you use a trademarked name in a different industry?
Trademark only restricts competitors in the sameindustry from using your registered brand nameor company name. Multiple registrations, by the same ordifferent companies—each registration in adifferent class of business—are allowed.
Can there be two companies with the same name?
Because business names are registered on astate-by-state basis, the fact that a company in anotherstate has the same name as yours is usually not a cause forconcern. However, you are right in that there could beintellectual property issues (namely, trademark) when twocompanies have the same name.
Related Question AnswersWhat happens if you use a trademark without permission?
The United States trademark law as stated in theLanham Act allows a non-owner of a registered trademark tomake "fair use" of it without permission. This meansthat using someone else's logo without permission, evenif it's unregistered, is against the law.Can someone use my business name?
If someone uses your name, simply showingproof that you've trademarked the name could be enough toconvince a business to choose something else. Mostimportantly, if you must go to court, you'll have legal proof thatyou registered the name. However, you don't have totrademark your business name to protect it.Which is better trademark or copyright?
The Difference Between Copyright andTrademark While both offer intellectual property protection, theyprotect different types of assets. Copyright is gearedtoward literary and artistic works, such as books and videos. Atrademark protects items that help define a company brand,such as its logo.Is the Nike swoosh copyrighted?
Trademarks are usually made for names, symbols,catchphrases, figures, and lyrics. For example, the Nikeswoosh symbol, the phrase "Just do it" and the name Nikeare trademarked. Doing so would dilute Nike's brand,resulting in a loss of revenue by the corporation.Can you sell a trademark?
Unlike patents, trademarks are associated with a productor a business and are not sold outright. Trademarkownership can be transferred along with ownership of thebusiness or product the trademark represents. For example,if you sell your business, you may sell thetrademark rights to the logo along with it.What is considered a trademark infringement?
Trademark infringement is the unauthorized use ofa trademark or service mark on or in connection with goodsand/or services in a manner that is likely to cause confusion,deception, or mistake about the source of the goods and/orservices.Is a trademark necessary?
When You Need a Trademark and, or Copyright. Youdon't necessarily have to register your trademark with theU.S. Patent and Trademark Office (USPTO), but you canbenefit from it. U.S. trademarks can last forever, as long as thetrademark is used in commerce and defended againstinfringement.Can you go to jail for trademark infringement?
Infringement is the act of violating a law or aright, and is most commonly related to intellectual property. Civilpenalties for infringement include paying back damages tothe copyright, patent or trademark owner. Criminal penaltiesfor infringement can result in prison time and heftymonetary fines.Do you have to trademark your business name?
However, not all business names are eligible fortrademark registration. The USPTO will only registerbusiness name trademarks if they are distinctive and notlikely to be confused with an existing trademark. Themore distinctive the name is, the easier it is totrademark.Can a company name infringe a trademark?
As a general rule, trademarks do not infringe oneanother if the underlying products or services of the twocompanies do not compete and are not distributed in the sametrade channels or locations. One of the primary aims oftrademark law is to prevent consumer confusion.Can you copy a trademark?
As such, logos are generally protected bytrademark and enforceable as such. In many ways,trademark is much more broad than copyright. In short,trademark is designed not to prevent copying, but confusionin the marketplace, thus severely limiting what uses of the logocan be considered infringing.What do I do if someone is using my trademark?
What to do when someone infringes your trademark- Establish if there is a trademark infringement. First thingsfirst, establish if an infringement of your trademark hasoccurred.
- Enforce your rights. If you suspect your trademark is beinginfringed, then you should consider taking action.
- Register your trademark as soon as possible.
