Question: What Does It Mean If A Name Is Trademarked?

What do you do when someone uses your business name?

Protect Your 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..

Can you use a name that has been 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.

Can logos be used without permission?

You need permission to use a logo unless it is for editorial or information purposes, such as when a logo is used in a written article or being used as part of a comparative product statement. … A person or company should never use a trademark or logo without written permission from its owner.

Can two firms have same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

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

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.

Is the word Apple trademarked?

The Apple trademark is a good example: While an apple cannot be copyrighted, its artistic representation can be—its use as a symbol for an electronics and software company is protected as a trademark.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Can I change a logo and use it?

If you modify someone else’s logo and use it, and then get sued for it, it’s going to be up to a jury to decide whether your logo is too similar to the original… and juries do make strange decisions sometimes. If you modify it enough, it’s legal. If you don’t modify it enough, it’s not.

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.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

How much does it cost to trademark a catchphrase?

Trademarking a slogan comes with the same fees as other trademarks. The cost will range from $225 to $400 dependent on the TEAS form you use. The price is inversely related to strictness of the requirements you must meet. You’ll see the lowest fees with the TEAS Plus application which is $225 per class.

No, copyright protection does not exist for single words or even short phrases: see this. A word can be protected, in a certain context, by trademark. … There are currently 45 “classes” for trademark protection.

How can I tell 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.

How do you get a name trademarked?

How to Register a Trademark for a Company NameTo 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 a phrase be copyrighted?

slogans, and other short phrases or expressions cannot be copyrighted.” [1] These rules are premised on two tenets of copyright law. First, copyright will not protect an idea. Phrases conveying an idea are typically expressed in a limited number of ways and, therefore, are not subject to copyright protection.

Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.

What does it mean if a word is trademarked?

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. … Use the trademark symbol (TM) for a trademark that isn’t registered with the USPTO.

What are the three types of trademark?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

What can be trademarked?

A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law.

How can I use NHL logos legally?

In order to use the league’s official logos on products, companies must seek and receive approval through a licensing agreement with the league’s marketing division, NHL Enterprises. Replica uniforms that bear the name of an NHL player must also have approval from the league’s players’ association.