Question: Can I Trademark A Name Already In Use But Not Trademarked?

How similar can a trademark be?

Goods and services may be trademarked.

Once something is trademarked, only the person with the trademarks may use that mark.

Others may not.

Additionally, others may not use a mark so similar to an existing trademark that the new mark could be confused for the existing trademark..

Why do Trademarks not expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

What happens if my trademark expire?

Fortunately, the USPTO offers a six-month grace period, before the mark is considered abandoned. They wait an additional two months after that before they officially post notice of its abandonment. If you let your trademark expire, you leave it open for another company or user to register and use it.

What Cannot be registered as a trademark?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

Can you trademark a single word?

What Can Be Trademarked? Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

Can a trademark be opposed after registration?

After advertisement of a trademark in the Trade Marks Journal, any person can oppose registration of the trademark for a period of 3 months (which may be extended by a period not exceeding 1 month). … If a trademark opposition is successful, the registration of the trademark will be refused.

Can someone use the same business name?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. Names are doled out on a first-come, first-served basis. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

How much does it cost to trademark a saying?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney’s assistance, the cost averages around $1,000 to $2,000.

How long does a trademark last for?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Should my LLC own my trademark?

Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services. Since it applies the mark to the goods or uses it in advertising, it (not its owners!) is the correct owner.

Can there be two trademarks with the 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.

How do I get a free trademark?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

What happens if you use a trademark without permission?

United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

Can you own the rights to a word?

When you trademark a word, you give a person or company exclusive rights to connect one brand with that word. You can trademark a word that identifies your company or your products. Register your trademark with the U.S. Patent and Trademark Office (USPTO) to protect your trademark throughout the United States.

Can I sue someone for using my 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.

Can you trademark a phrase on a T shirt?

Because a slogan or design silk-screened onto a T-shirt is not a trademark. … A trademark is any word, phrase, design or device that identifies the source of the goods identified by the mark. Don’t even attempt to register the trademark for a slogan or design that simply appears across the chest or back of tee-shirt.

Can I trademark a name already in use but not trademarked UK?

replied 3 years ago. You would have a hard time keeping the mark at that point – because you are using a name which belongs to someone else. … So yes, in the short term you can trademark a name, but it may well be open to challenge.

What if my business name is already trademarked?

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.

What words Cannot be trademarked?

However, you can’t trademark:Proper names or likenesses without consent from the person.Generic terms, phrases, or the like.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S. President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs.

Can a saying be trademarked?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

Can you start a business without a trademark?

Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.