Is a similar name trademark infringement?
Registering a symbol or brand name as a trademark allows the trademark holder to sue others who attempt to use the trademark. Obvious trademark infringement, such as copying the same name of another company, is punishable by law. However, most cases are less cut and dry.
Can you trademark the same name with different spelling?
Thus, if your mark has a different spelling but sounds the same as an existing mark, you will likely be refused for a likelihood of confusion with that mark. – Similar markets. Trademark protection is limited to the goods or services identified in the application.
Can two companies trademark the same name?
Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business’s trademarks when they are conducting business. It is still possible for two different businesses to have similar names are marks.
Can you get in trouble for having a similar company name?
Consumer confusion can occur when similar products have similar names. The result can be that consumers cannot determine the source of the product. If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights.
Can you trademark a name that is already in use but not trademarked?
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 happens if someone trademarks your business name?
If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.
Can two trademarks have the same name in the same class?
Trademarks are not allowed using the same name in the same class of business. The second company trying to register would find their registration either blocked or rejected. The whole purpose of trademarks is to prevent competitors from causing deliberate or accidental confusion among customers.
What happens if two companies have the same name?
So, your company can have the same name as another company, and vice versa, with no claims of trademark infringement. However, if your business is using a company name that’s the same as another incorporated company, there could be grounds for a legal dispute, and you may not be able to legally use the business name.
What happens when 2 businesses have the same name?
The Short Answer: Maybe. By choosing the same name as another business, you risk being forced to change your name or even pay monetary damages to the other company. Sharing a name with another company can also make it difficult to register trademarks for your own business.
What if my company name is already trademarked?
If someone else has already registered your trademark, you’ll be unable to register the mark. However, trademark protection is not absolute. If you can show that you used the trademark prior to the registration of the other trademark, you may still own the mark. You can’t simply notify the trademark office, though.
Can two companies use the same trademark name?
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.
What does it mean when a name is trademarked?
It means you have performed a trademark search to ensure you have selected a unique or original name and have gone through the steps to claim it as yours. The trademark protects your business’s identity and prevents someone else from using similar words, names, or symbols to sell similar goods or services.
Can a company name be the same as another company?
If you are using a business name that is the same as another company in your industry, caution is warranted. If you are instead using a name that is the same as another company’s name that offers completely different services or products, there is probably not a trademark issue.
Can two trademarks have the same sound but different spelling?
Trademark Law varies from countries to countries. If your case is in China, if two trademarks identical in sound, however different in spelling and meaning, then it is likely that the two trademarks will not confuse the public so that no infringement. Of course, cases are specified,…