Can You Trademark The Same Name In A Different Class?

Can two companies use the same trademark?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets).

The guiding principle is consumer confusion.

If the two marks identify different products and operate in different markets, consumers are not likely to be confused..

What does it mean if a name is trademarked?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

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.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

Can two clothing brands have the same name?

Often two companies co-exist with similar names for several reasons. … baby clothing, or the other companies are in different jurisdictions and do not cross each others’ consumer base etc. Legally, it is the trademark owner’s responsibility to enforce his/her trademark rights.

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

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

What happens if two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

Can you trademark the same name in a different class?

Whether you can get a trademark when the name is already taken is hard to say in general terms. … Thus, two different companies can have the same trademark, even for goods/services within the same class, so long as consumers are not likely to be confused about the origin of the goods/services.

Can you use the same name as another brand?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. Names are doled out on a first-come, first-served basis. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

You SHOULD include ® However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. … Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective.

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

A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system.

Can multiple businesses have the same name?

The name of each and every company should be unique. Two companies can have the same name but that too in the following way: … Sued by the owner of the one who first filed the name. Also, if the name is trademarked then you would be in violation of trademark laws and would be prevented from using it.