Quick Answer: Can I Trademark A Name That Already Exists?

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

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..

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

Can there be two trademarks with the same name?

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. … It is still possible for two different businesses to have similar names are marks.

What do you do if someone trademarks your business 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.

How long does a trademark last?

ten yearsHow long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Can someone take my trademark?

If you believe someone is infringing on your mark, an attorney will first send a cease and desist letter on your behalf, demanding the other user to stop using your mark. If that’s unsuccessful, you can file a lawsuit (most likely in federal court) to stop the use.

How much does it cost to fight a trademark?

Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.

Can you trademark a name that’s already in use?

You can’t file to register a trademark that someone else is already using if they used the trademark first. However, if someone else is using your trademark or you used the mark first, you may be able to contest the trademark.

What happens if you don’t enforce your trademark?

For many companies, trademarks are important business assets built through goodwill and reputation. … However, a failure to enforce a trademark by monitoring the mark for misuses will result in a weakening of the mark and loss of distinctiveness, which can lead to a loss of the trademark.

Can you sue someone for using your business name?

Can I Sue Someone for Using My Business Name? If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.

Can I sue someone for using my trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

What Cannot be used as a trademark?

A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics. Following are some examples which cannot be trademarked.

Can you fight a trademark?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

Can someone steal my brand name?

If you have a unique brand name or logo, protect it. It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. … However, you can probably trademark a combination of words, such as “Biz Tipz for You”.

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