Can I trademark the same name in a different class?
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.
Can people have the same trademark?
Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). The guiding principle is consumer confusion. If the two marks identify different products and operate in different markets, consumers are not likely to be confused.
Can someone else trademark my business name?
The short answer is—in theory, yes, but in reality, no. If you don’t have a trademark on your name, someone else can research the United States Patent and Trademark Office (USPTO) database and find an available name. They can then trademark it.
What do I do if my name is already trademarked?
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. Instead, you’ll have to notify the other company that they’ve infringed on your trademark and may have to file a trademark lawsuit.
Can a proposed trademark name be similar to an already registered one?
If a proposed trademark name is similar to an already registered one and could be confusing, the USPTO won’t register it. To be that confusing, the trademark names must be identical and must belong in the same services or goods class.
Should I Register my trademarks if I don’t use them?
This means that you should register your trademarks regardless of how long you have been using them. If the other business registered the mark prior to your first use of it, there is an issue. When a company registers a mark, other businesses are considered to have constructive notice that the mark cannot be used.
What does same name same class mean for trademarks?
“Trademark, same name, same class” is an expression that means more than one business entity registering the same trademark name in the same product and service class with the United States Patent and Trademark Office (USPTO). There are several classes in which trademarks can be registered.
Can two different businesses have the same trademark?
When there are marks that are protectable and that are being used by two different businesses, however, the question will come down to which business’s use of the mark will prevail. It is still possible for two different businesses to have similar names are marks. For example, Delta Faucets and Delta Airlines have obviously similar names.