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

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 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.

When it comes to intellectual property, you can protect it as a trademark or have it protected under copyright. However, trademarks are different to copyright, most notably because copyright attaches automatically but trademarks have to be applied for.

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.

By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.

How long do Trademarks last in the US?

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 someone trademarks 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. However, you don’t have to trademark your business name to protect it.

How long does UK trademark last?

10 yearsTrade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards. You cannot renew online if your trade mark expired more than 6 months ago.

What are the 3 types of trademarks?

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

What Cannot be protected by trademark?

Names, Titles, Short Phrases, or Expressions No dice on a trademark. The good news is that while not protected by copyright, if it pertains to your business (for example, goods and services), it can be protected with a trademark.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.