Can I use a name similar to a trademark?

A registered Trade mark can deter other parties from misrepresenting or copying a brand identity, and gives enforceable to stop others from using an identical or confusingly similar Mark in relation to the registered goods or services, unless they have been given express permission.

Can you get in trouble for having a similar company name?

If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.

Can you trademark a business name that already exists?

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

Can I use a name for a business that already exists?

Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.

Can I trademark a business name already in use?

A registered trademark offers legal protection to unique logos, designs and names your business uses. You can’t file to register a trademark that someone else is already using if they used the trademark first.

What does it mean to infringe a trademark?

About Trademark Infringement What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

Can two companies use the same trademark name?

However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.

Can a trademark infringement case be removed to federal court?

Even when a plaintiff chooses state court, it may be possible for the defendant to have the case “removed” to federal court. If the trademark owner is able to prove infringement, available remedies may include the following:

What does it mean when a name is trademarked?

It means you have performed a trademark search to ensure you have selected a unique or original name and have gone through the steps to claim it as yours. The trademark protects your business’s identity and prevents someone else from using similar words, names, or symbols to sell similar goods or services.