What if someone has a similar domain name?
Using a domain name very similar to an existing one may result in trademark infringement — the violation of someone’s trademark rights. If you infringe someone’s trademark, a court might order you to stop using the name and pay money damages to the other domain name owner.
Can you trademark the same name in the same class?
It goes without saying that confusion and trademark conflicts are bound to arise when the trademark names of different business entities are the same or sound similar in the same class. However, if the names only sound alike but aren’t spelled alike, they can be in the same class without issues.
Can you trademark the same name in a different class?
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 domain name infringe trademark?
Choosing and Using a Domain Name Can Raise Trademark Infringement Issues. 1. In such cases, the owner of the domain name unfairly benefits from the deceptive domain name. Courts will find the domain name constitutes trademark infringement.
Can someone else trademark my domain name?
If you trademark your domain name, you have legal protection if someone uses your trademarked name. If you register your domain names, but don’t use your website to sell your products and you don’t trademark the name, there isn’t anything you can do to stop the other company.
Can there be two businesses with the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
Can I open a business with the same name as another?
You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn’t violate trademark rules. This is common practice for smaller local businesses. Trademarks may also come into play.