Can you trademark a name in a different industry?

Can you trademark a name in a different industry?

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 I use an unregistered trademark?

You can claim trademark rights in your unregistered trademark as long as it is distinctive and identifies or distinguishes your products or services. A trade name for your business is not the same as an unregistered trademark and is not given the same protections under federal trademark law.

Can you use a business name that is not trademarked?

A business name generally can be protected as a trademark under federal and state trademark law. As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

Can 2 companies have same trademark?

The only way a similar or identical trademark can be registered is by using the defence of honest concurrent use, provided under Section 12 of the Act. The law, in this case, hands the power of decision to the Registrar. Therefore the allowance of honest concurrent use is up to the discretion of the Registrar.

How do I register a brand name under a company?

Here’s how you can apply for trademark:

1. Decide on your unique brand name and logo.
2. Conduct an online search.
3. Fill-in the trademark application.
4. Filing for the brand name registration application.
5. Scrutinizing of your brand name registration application.
6. Publication in Indian Trade Mark Journals.

How do I know if a brand name is taken?

You can check for trademark availability online with your local government site. For example in the US you would use the U.S. Patent and Trademark Office’s trademark search tool to see if a similar name, or variations of it, is trademarked. In the UK you would check with Companies House, they have a search tool too.

Can non-traditional trademarks be registered under Article 15(1)?

Under Article 15 (1) of the TRIPs agreement, for registration as a trademark member states are required to allow “any sign… capable of distinguishing the goods or services” of a registrant. This has been understood to include non-traditional trademarks, such as colour and shape.

Do I need an attorney to register a trademark?

We may find a conflicting mark or another legal issue that bars your registration. If you are an applicant, registrant, or party to Trademark Trial and Appeal Board proceedings domiciled in the United States or its territories, you are not required to have a U.S.-licensed attorney represent you at the USPTO.

Are there any trademarks that are not in your database?

There may be trademarks that are not in our database that have rights over yours. Check other sources, such as state trademark databases and the internet. We will carefully examine your application to see if your prospective trademark meets the requirements for federal registration.

Can a trademark be registered in more than one country?

Use of a mark is not a prerequisite for filing an application in most jurisdictions; however, some do have use requirements. Consult local counsel for more information. 2. Can an applicant secure a trademark registration covering more than one country? Yes.