Can you register a trademark that is already in use?
Registration is only one part of trademark protection. For this reason, many people choose to use their trademarks before registering them. In this situation, you can register a trademark that already exists, and the U.S. Patent and Trademark Office offers a registration form for trademarks that are already in use.
What happens if you don’t trademark a logo?
Trademarks Differ From Copyrights In this case, you may be wondering whether you should copyright or trademark a logo — or even if there is a difference between the two. If you fail to trademark your logo, you will have no way of preventing others from using it, and you may even end up losing the rights to it.”
What if your company name is already trademarked?
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.
Do company logos need to be trademarked?
If you are interested in trademarking your logo, company name and domain name, each one must be trademarked separately. Even if your business name is part of your logo, the two must be registered individually. It takes between 10 and 16 months to secure trademark registration with the USPTO.
Are logos automatically trademarked?
A trademark solidifies your ownership of your intellectual property. By simply creating and using a logo, you automatically have the sole right to use it and take legal action against infringement. In the United States for example, trademarks are registered with the United States Patent and Trademark Office (USPTO).
Can you trademark someone’s name?
It is not illegal for the U.S. Patent and Trademark Office to register a person’s name as part of a trademark, but it only grants this level of protection to names that are widely used in commerce or are unique. Trademarks are granted to protect established brand names from inferior competition.
Can I trademark a name without a logo?
Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.
Can I run a business without a trademark?
Having an officially registered trademark for your business is not actually a legal requirement. However, if you do not have a registered trademark, the legal position is that you do not have good legal rights to your name or brand. You may not even own your name or your brand.
Do I need to register my logo?
In the U.S., you don’t need to register a trademark or copyright your company’s logo. Once you put down the original work on paper or digital media and use it to market your business, you automatically own the rights. However, registering a trademark affords you an extra layer of protection.
Do I need to register a logo to establish trademark rights?
Although registering your logo with the U.S. Patent and Trademark Office or your state’s secretary of state office solidifies your claim that it is a trademark, registration isn’t always necessary to establish trademark rights. Any time your company uses a logo to identify its products or services, you establish common-law trademark rights.
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.
Can a company sue a company for using its logo?
Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.
Can I trademark my first name as a brand name?
For example, the name “JESSICA” is trademarked for a line of skin care products. Since trademarks deal with the way that your products and services are presented to your customer, you may choose to utilize your first name as part of your brand identity. From our article Can I Trademark My Initials?