Can I use a name 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.
Can the same word be trademarked twice?
Yes, the similar word mark as Trademark can be registered in different industries. The rule regarding the infringement of the trademark is that the customer should not get confused between the identities of the product of the trade mark and the product having the same mark like trademark.
Can my brand have the same name as another?
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 two clothing brands have the same name?
Two companies can have same name of trademark in same class provided have different goods. There are various goods cover under one class, if a company register a trademark for one goods then another company can register the same name for other goods.
What happens if someone trademarks your name?
Trademark Registration Then, the owner can face a lawsuit for using the same name as someone else even if the second party registered a trademark for the company after the first owner created the company. These situations usually require the services of a lawyer to both understand and pursue.
Can someone open a business in your name?
So, yes, someone can form a new entity using your name and address.
Can I trademark a clothes name?
Clothing has unique trademark issues compared to other goods and services. Most importantly in regards to the filing process, a proper specimen of use must be submitted that shows the name you have used, on the clothing itself, and must appear in the right location and be used in a trademark manner.
How do I trademark my brand name and logo?
To trademark your brand name and logo, start by searching online to make sure no one else is using the name you’ve chosen. Perform a general web search as well as one on the U.S. Patent and Trademark Office website. If someone else has already trademarked the name, you’ll need to create a new one.
Can You trademark your initials?
You can trademark your initials so long as you are utilizing them to distinguish your goods and services from another company or individual’s products. Initials served as some of the earliest maker’s marks and survive to this day as a common trademark.
What is it called when a trademark is registered?
When these marks are registered with the United States Patent and Trademark Office, they are called trademarks. 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.