Can I use the name McDonalds?
You would not be allowed to use the name McDonald’s in any manner similiar to the Golden Arches version. Your burgers could not be made in any way similiar to the way they are prepared st the Golden Arches version.
Can you use your last name for a business name?
For a family business, it’s not unusual to put the family name as part of, or the entire, brand name. A surname can serve as the trademark, or brand, if it identifies – and distinguishes – the source of the product or service; but it also must not infringe on an existing user’s mark.
Is it illegal to use a company’s name?
A business name generally can be protected as a trademark under federal and state trademark law. Trademark law is designed to avoid consumer confusion over the trademarks that businesses or other organizations use in connection with their goods and services.
Can a last name be copyrighted?
Under US trademark law, a mark which is “primarily merely a surname” cannot be protected as a trademark without proof that it has “acquired distinctiveness.” A mark is considered to be “primarily merely a surname” if its primary impact or impression on the purchasing public is that of a mere surname and not a trademark …
Is the name McDonalds copyrighted?
The word “McDonald’s” is a trademark. We call this a standard character text trademark and it would be on its own USPTO trademark application if you wanted a federal registration for it. The Golden Arches is a logo, but this too is serving as a trademark. We refer to this as an image or stylized trademark.
What do you put at the end of a company name?
Business Corporation: Must contain the word “corporation”, “incorporated”, “company”, or “limited,” or the abbreviation, with or without punctuation, “corp.”, “inc.”, “co.”, or “ltd.”. A corporate name may include words in any language but must be written in English letters or characters.
What words Cannot be used in a company name?
Words not Allowed in Company Name
- Board.
- Commission.
- Authority.
- Undertaking.
- National.
- Union.
- Central.
- Federal.
Can I use another company name in my advertising?
It is perfectly acceptable and within the bounds of the law to use another’s trademark in advertising, provided certain standards are met. The advertisement must be truthful and the use of another’s trademark must not give a false impression of connection, approval or sponsorship by the owner of the other mark.
Can you trademark someone’s last name?
Can You Trademark A Last Name? Under federal trademark law, yes – it is possible to get a federal trademark registration from the USPTO on a mark that would be considered primarily merely a surname, or last name, as long as you can establish secondary meaning (also referred to as “acquired distinctiveness”).
Can surnames be registered as trademark?
The Trademark and Merchandise Act, 1958 under clause (d) of section 9 refused the registration of surname as trademark. However, the new Act1 has no provision to allow or disallow the use of surname of personal names. This is done as no differentiation can be made among the goods of proprietors of same names.
Can I use my own name as a trademark?
A mark that is primarily a surname does not qualify for placement on the Principal Register unless the name has become well known. The use of surnames (family names) is sometimes a controversial issue, because some business owners believe they have an inalienable right to use their own name as a 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.
Can a trademark application for a surname be denied?
A trademark application for a surname need not automatically be denied simply because it is a surname, or similar in sound or appearance to other surnames. Examination of an application for a surname should focus on how many people have that same surname and thus would be affected by registration of the surname.
Can I use a company name that another company has registered?
The other business registered the mark first, but your business was the first to use it. If you began using your business name in commerce before the other company began and registered it, you will likely be able to continue to use it in the market in which you were using it when the other company registered it.