What if someone has trademarked my name?
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 you trademark someone elses copyright?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
Can someone else copyright your name?
Anyone can use the “TM,” since it is not regulated by the U.S. Patent and Trademark Office.
What rights does a trademark owner have?
This essentially means that, even without a trademark registration, a mark owner is entitled to trademark rights so long as it uses the mark in connection with providing goods and services in commerce. Thus, the owner of an unregistered mark may enforce its trademark and sue for trademark infringement.
What to do if another business is using your name?
If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.
What happens if I use someone else’s trademark?
If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.
Can you trademark a name that is already 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.
How do you fight a trademark?
You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).
Can you trademark a name without a business?
There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it. However, as expected, trademark law is quite complex.
Can you own a domain name if you have a trademark?
The owner of the domain name would likely be able to keep the domain name, and they’d be able to continue using it to promote their religious seminars. Since similar marks can exist across different classes, you don’t necessarily have the right to a top-level domain name even if you own a trademark registration.
What should I do if another company uses my trademark?
If another company is using your trademark, ask yourself if a customer is likely to confuse that business with your own. The next factor to consider is location.
Do I need a trademark to protest a domain name?
In fact, domain name registries will require you to have a federal trademark to protest someone else’s domain name. This is why the most important step in trademark protection is applying for your trademark as soon as possible.
Is it possible to trademark a last name?
So yes, it’s entirely possible to trademark a last name, but if you cannot satisfactorily prove “acquired distinctiveness” to the United States Patent and Trademark Office (USPTO), you will be denied the full protection of federal law for your trademark.