Can you use a business name if it is 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.
Can you use a business name that already exists in another country?
Yes, someone else can get a trademark for your brand name in another country. Reason being that trademarks are teriitorial in nature which means that you have to get them registered in every country seperately.
Can I use a trademarked name in a different country?
If you are operating in more than one jurisdiction, your mark also should be protected in all the countries where you use it. In most countries, the trademark must be used to be valid and registered.
Can you have the same name as another trademark?
If you are using a business name that is the same as another company in your industry, caution is warranted. If you are instead using a name that is the same as another company’s name that offers completely different services or products, there is probably not a trademark issue.
Can you have a company name that already exists?
In many instances, you can register the same business name in your own state, or in any other state, so long as it is not in the state where the business name already exists. This practice is typically accepted for many types of small, local businesses.
What countries does an EU trademark cover?
Countries Covered and Language The countries covered by the CTM are the present members of the European Union – namely, Austria, Belgium, Denmark, Finland, France, Germany, Great Britain, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and Sweden.
How do I know if my business name is already taken?
- Visit the USPTO.gov website.
- Choose the basic search option.
- Visit the Office of the Secretary of State or Corporations Division website for the state where you plan to form your business.
- Search for a name search or name availability link.
- Enter the name of the business for which you want to check availability.
Is it possible to trademark a last name?
So yes, it’s entirely possible to trademark a last name, but if you cannot satisfactorily prove “acquired distinctiveness” to the United States Patent and Trademark Office (USPTO), you will be denied the full protection of federal law for your 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.
Do you need to check your business name for trademark infringement?
Businesses in every state are subject to trademark infringement lawsuits, which can prove costly. That’s why you should check your prospective business, product, and service names against the official trademark database , maintained by the United States Patent and Trademark Office.
Can I use a registered trademark in another country?
However, you will only be able to use it in the market in which you were using the mark when the other company registered the name. The other company that has registered the trademark will have priority for its use in all other markets and can stop you from using it in new locations.