Can you trademark a name that is similar to another name?
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 I use a similar name to another company?
You can use as many business/trading names as you like, but you should avoid using one that is the same as the registered name of a company in the same industry. This could be viewed as ‘passing off’, which would mean you were taking advantage of a company’s goodwill and trust.
Can my trademark be similar to another?
If the goods or services are different, you can legally use the same mark. A license is a permission by the owner of a trademark to another person or legal entity to perform, in the country and for the duration of the trademark rights, one or more trademark rights (use the mark, sell the goods with the mark, etc.).
How do you know if a trademark is too similar?
If there’s a common word or phrase in different trademarks, they might be considered similar, even if there are other letters or words added. If the shared part of different trademarks is the dominant element of the mark, the examiners are more likely to rule for confusion.
How do I know if my trademark is too similar?
Too Similar to an Existing Trademark?
- Compare the look of the new mark with the look of the existing trademark.
- Compare the market for the new mark with the market for the existing trademark.
- Analyze how often the new mark has been confused for the existing trademark.
Can you trademark a name that sounds similar?
So sound-alike trademarks or look-alike trademarks are typically just as confusingly similar to the identical marks. And if their answer to that is yes, the trademark examiner will come to the conclusion that the two trademarks are confusingly similar.
Is it legal to use the same name as another company?
However, the trademark does not keep other companies from inadvertently or purposely confusing customers with a similar mark. Obvious trademark infringement, such as copying the same name of another company, is punishable by law. However, most cases are less cut and dry.
Can a proposed trademark name be similar to an already registered one?
If a proposed trademark name is similar to an already registered one and could be confusing, the USPTO won’t register it. To be that confusing, the trademark names must be identical and must belong in the same services or goods class.
Can two different businesses have the same trademark?
When there are marks that are protectable and that are being used by two different businesses, however, the question will come down to which business’s use of the mark will prevail. It is still possible for two different businesses to have similar names are marks. For example, Delta Faucets and Delta Airlines have obviously similar names.
What does it mean when a name is trademarked?
It means you have performed a trademark search to ensure you have selected a unique or original name and have gone through the steps to claim it as yours. The trademark protects your business’s identity and prevents someone else from using similar words, names, or symbols to sell similar goods or services.