Can I use a name similar to a trademark?
A registered Trade mark can deter other parties from misrepresenting or copying a brand identity, and gives enforceable to stop others from using an identical or confusingly similar Mark in relation to the registered goods or services, unless they have been given express permission.
Can a company name infringe a trademark?
As a general rule, trademarks do not infringe one another if the underlying products or services of the two companies do not compete and are not distributed in the same trade channels or locations. One of the primary aims of trademark law is to prevent consumer confusion.
What qualifies as trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What are the circumstances in which trade mark of one person can be used by another?
According to the statute, there can be two kinds of permitted uses by third parties. Firstly, any use by a third party who is a registered user under the Act and secondly, permitted use by a third party without registration as a registered user.
Can 2 companies have the same trademark 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.
How do you trademark a name that already 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.
Do my products and business name infringe on others’ trademarks?
It is clear that making sure your products and business name do not infringe on others’ trademark is important, as the likelihood of a trademark lawsuit is significant otherwise. Trademarks essentially are rights granted by the government to distinctive features and symbols of a business that help consumers recognize it and its brand.
What is the definition of trademark infringement in law?
What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. What will happen if someone sues me for trademark infringement
What is tradtrademark infringement?
Trademark infringement means the use of a trademark, which some other person, business, or organization owns, without authorization. A trademark is a design, symbol, mark, word or phrase that serves as an identifying symbol for a product/service.
What happens if a trademark is too similar to another trademark?
If a trademark is overly similar to another trademark, then they have a conflict. Trademark rights are granted by first use. Essentially, the first person to use the completed trademark in business will have ownership over its rights, including suing those who use it otherwise.