Can a product have the same name as another business?
Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company. The name is in use by a major national brand, regardless of industry. The other business registered for trademarks before you did.
Should company name and product name be the same?
Ideally company names and brand names should be different It’s very simple. A company name distinguishes one company from other companies. A brand name distinguishes the products of one company from the products of another company.
Can two products have same name?
If you pay attention to the communication that different brands are doing on the market, you will notice in many cases, brands that are using the same name for a different type of business or product category. These brands are also called “Brand Twins”.
Can I use a name for a business that already exists?
Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.
Can you copyright a company name?
While you can’t copyright a business name, you can trademark a business name. The best practice is to hire a trademark lawyer to file the trademark on your behalf. In fact, you will increase your odds of a successful federal trademark registration by doing so.
Is brand name different from product name?
In this case, a product name identifies a specific product or service and becomes a brand name when the company starts using it. For example, the Toyota company operates using Toyota as its company name, and its products are cars.
Can I register a business name that already exists?
In many instances, you can register the same business name in your own state, or in any other state, so long as it is not in the state where the business name already exists. This practice is typically accepted for many types of small, local businesses.
When a company gives same brand name to all its products it is?
Umbrella branding (also known as family branding) is a marketing practice involving the use of a single brand name for the sale of two or more related products. Umbrella branding is mainly used by companies with a positive brand equity (value of a brand in a certain marketplace).
What if my company name is the same as another?
Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. Names are doled out on a first-come, first-served basis. That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.
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.
Should I register the name of my product?
If it’s always a good idea to register the name of your company, does the same answer go for product names? In most cases, yes. Many companies choose to create original, distinctive names for their products in order to provide a second layer of identity.
Can You trademark a name for a product?
In most cases, yes. Many companies choose to create original, distinctive names for their products in order to provide a second layer of identity. Often, these names will meet the qualifications for strong trademarks: they aren’t generic or descriptive of the product, but instead refer to it in a more abstract or unrelated way.
Can I use a registered trademark in another country?
However, you will only be able to use it in the market in which you were using the mark when the other company registered the name. The other company that has registered the trademark will have priority for its use in all other markets and can stop you from using it in new locations.