Introduction
If you are beginning a business and want to use a non-unique name, you may be wondering if you may use the same name for another organisation. Is it important which of your competitors has the same name as you? Understanding what is and isn’t permitted in this region is critical for preserving your brand’s identity.
Can we use another company’s trademark name?
You may utilise another company’s trademark name. You cannot, however, use the trademark name for yourself.
You may use the following trademark names:
If you are authorised to do so, such as being an employee or being contracted by the firm. If you are not permitted but nevertheless decide to do so because your intentions are good and/or there is no harm done by using the trademarked phrase in this way.
However, if you are not a firm employee, you should not expect that they would agree with your practise and may take action against you if they find out (e.g., sending legal letters).
What is the distinction between a company name and a trademark?
A trademark is any term, phrase, symbol, or design, including phrases or designs that do not contain any words, that is used to identify and differentiate the source of one party’s products or services from those of another. A trademark filing name is any name that a company uses to identify itself. A firm may have a registered trademark as well as utilise its trade names under common law protection.
What actions must I take to register a trademark?
The first step in US trademark filing is to do a trademark search with the USPTO. This will assist you in determining whether your mark is available for use and whether any existing trademarks may clash with yours. After you’ve finished your research, you’ll need to file an application with the USPTO. The procedure of getting federal trademark registration can take up to six months and includes many expenses, including the filing fee and the publishing charge.
When it comes to renewing or cancelling your federal registration, don’t leave it until the last minute! You can also submit requests electronically using the TEAS Plus web portal (TEAS Plus).
The advantages of registering may include: protection from copycats who want to steal your idea; proof that you own specific intellectual property rights over certain goods or services; increased publicity for those goods or services; and legal recourse in court if someone infringes on said intellectual property rights by using identical or similar marks in connection with specific goods/services in interstate commerce without authorization from the owner(s) thereof.
How can I determine whether another firm has already registered my trademark name?
You may run a search on the US Patent and Trademark Office website to see whether your trademark name is already being used by another firm.
You may also use the US Patent and Trademark Office’s database of registered marks to discover if your trademark is registered (just enter your mark in the search box).
Is it necessary for me to file a fresh application each time I utilise a different category of products or services under the same mark?
Can I file a trademark application under the same mark for numerous categories of products and services?
Yes. You can file a single trademark application for both registered and unregistered products or services in various classifications. If you wish to register your mark, all uses of the mark, including the sort of products or services they indicate, must be consistent. Furthermore, the USPTO will not accept applications for more than one basic class at a time; in other words, if you want to register your trademark in more than one category (such as clothing), you must submit separate applications rather than grouping them into one document as an amendment request later on down the road (which would require additional fees).
How can I apply for the registration of an international trademark in the United States?
If you’re ready to file an application for foreign trademark registration in the United States, go to the USPTO website and search for “Trademark Application.” You may also go straight to this page: https://www.uspto.gov/trademarks-application-process/
Fill out your account details and then click the “Search” button at the bottom of the page. This will show all accessible marks with the status “Registered” or “Application Pending.” Select “Advanced Search Options” next to any mark that piques your attention. Then, from the list of Trademark Classes, choose one (you may be surprised by how many classes exist). Finally, in order to learn more about your desired mark, click on Submit next to any class that has it listed as an active application or registration—this will take you through some questions about what kind of goods or services are related under that mark before sending you back up to where we started our journey…
Oh, no! There’s something else! Don’t forget to pay a charge before submitting any application; it ranges between $225 and $400 per class, depending on whether many bases are utilised simultaneously and other considerations such as if any disclaimers are included in the filing process (more details here). After submitting payment with Visa or MasterCard credit cards only, please keep in mind that approvals take about four months due to the fact that each individual submission requires approval before finalising paperwork with no exceptions made during busy periods, which means that if something happens during this time frame where things aren’t going as planned, expect longer delays than usual when trying to get through everything else needed afterward.”
It is critical to understand what you may and cannot do with the names of other firms.
This is a very significant element that many people overlook. A trademarked name cannot be used by another firm. The same is true for the names of any other sort of intellectual property, such as patents, copyrights, and so on.
If you wish to use a trademark name in your own business, that’s fine—and unrestricted—as long as it doesn’t cause customers to assume (or be fooled into believing) that your firm belongs to someone else or that your brand is associated with them.
For example, if I open an ice cream shop called Dreyer’s Ice Cream (a real-life example), no one should assume I’m affiliated with or sponsored by Dreyer’s Grand Ice Cream Company unless I make it clear otherwise (for example, by posting a sign that says “Ice cream made in accordance with Dreyer’s recipes but independently owned & operated by Julia Smith”).
In short, if you use someone else’s trademarked name for your own reasons (whether online or offline), make sure consumers understand what they’re getting into before purchasing anything from you—and don’t forget about all those disclaimers!
Conclusion
I hope this essay has helped you grasp the fundamentals of trademark law and trademark registration, as well as the implications for your business. Please contact us at [email protected] if you have any queries or issues. We’d be delighted to answer any questions you have regarding trademarks and how they might help your business!
