Quick Answer: What Happens When A Name Is Trademarked?

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..

No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 “Copyright Protection Not Available for Names, Titles, or Short Phrases”.

How do you own rights to a name?

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

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

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can logos be used without permission?

A person or company should never use a trademark or logo without written permission from its owner. … However, even then, third parties cannot use logos without a specific agreement. More than that, trademarked companies often have resale policies for their products.

Can you sue someone for using your 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 go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

What happens if I use someone else’s trademark?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

How long do Trademarks last in the US?

ten-yearHow long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

Can I use a name if it is trademarked?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

How do you know if a name is already trademarked?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

Can two companies have the same name?

2 Answers. The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.

How do you know if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

What does it mean to have your name trademarked?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

What do you do if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.