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Can you use the same trademark name as someone else?

Posted on September 1, 2022 by Author

Can you use the same trademark name as someone else?

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. It is still possible for two different businesses to have similar names are marks.

Is it illegal to use another company’s name?

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 there be two trademarks with same name?

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 there be multiple trademarks?

Therefore, multiple ownership of a trademark can only be granted if the owners have joint control over the nature and the quality of the goods and/or services. Also, unless specifically stated otherwise in a contract between the owners, in the eyes of the USPTO, multiple ownership of the trademark is equally shared.

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Can you trademark a name that is already in use?

A registered trademark offers legal protection to unique logos, designs and names your business uses. You can’t file to register a trademark that someone else is already using if they used the trademark first.

Do you need permission to use a trademark?

A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used.

Can you trademark something 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.

Can you sue someone for using your trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

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Do I need multiple trademarks?

Answer: Typically, you do not need to file trademark applications for various different versions of your logo. In most cases a single filing on the version of your logo used in the masthead of your website or the packaging of your products is sufficient.

What are the common misconceptions about trademarking names?

Another common misconception people have about trademarking a name is that their name only has to be slightly different than an existing trademark to be registered. This is simply not the case. The essential function of a trademark is to protect consumers by verifying a point of origin for the goods and services that they purchase.

What are the benefits of connecting a company’s name with trademarks?

Connecting a company’s name with trademarks can help prevent infringement by keeping them dissimilar even if they have similar visual or audio elements or confusingly similar interpretations. For generic or relatively similar trademarks, adding the company’s name wherever they are used can be very effective in reducing potential confusion.

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What happens if you register a symbol as a trademark?

Registering a symbol or brand name as a trademark allows the trademark holder to sue others who attempt to use the trademark. However, the trademark does not keep other companies from inadvertently or purposely confusing customers with a similar mark.

Can a trademark be used to identify a product or service?

1 The product/service must not be “readily identifiable” without use of the trademark. 2 “Only so much of the mark or marks may be used as is reasonably necessary to identify the product or service.” 3 “The user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.”

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