Stated briefly, trademark law makes it unlawful for a business to use a trademark (e.g., a slogan, a logo, a name) in connection with a good or service if that use is confusingly similar to another business’s use of a trademark.
Can you use a company name that is already taken?
If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. Trademark issues can be complex. Essentially, if your name is likely to cause consumer confusion because it’s the same or like another business name, then you cannot use that name.
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.
How do I 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 and choose “Search.” Then follow the instructions you see on the screen.
Can You trademark a name that is already in use?
One company sells dolls, whereas the other company sells golf equipment. (You can find out if there is another person or company using the mark you have in mind by searching thee USPTO database .) This is, in general, the test for if you will be able to register a mark that’s already in use.
Can a business trademark be used by another party?
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. Not all marks are able to be trademarked.
Can a business name be the same as another company name?
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. Copyright, Trademark and Patent: What’s the Difference? – YouTube
Where does the trademark symbol go after the trademark?
For a trademark registered with the USPTO the symbol ® should come after the trademark. For trademarks that have not been registered with the USPTO, the trademark should be followed by TM (trademark) or SM (servicemark) instead of the ® symbol. Further, the trademark should appear exactly as it does in the USPTO registry.
