Can two companies share a trademark?
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.
Can companies share names?
Since businesses are registered at the state level, it is possible for your company to have the same name as a business in a different state. However, this can lead to trademark issues and other problems.
Can multiple companies trademark the same name?
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.
Can two companies have the same logo?
The short answer to the question is that multiple logos give off mixed messages and can dilute your marketing and branding efforts. However, in some cases, two different logos can be combined to make one brand-new logo. Just remember that with the Web, your logo is likely to end up anywhere.
Is the name of a company a trademark?
The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. A brand is an advertising construct which identifies certain goods or services.
Can a prior user trademark a similar name?
If you are the prior user, or an honest concurrent user then you can still obtain registration despite the existence of a similar mark on the trademarks database. Providing evidence to support this can be tricky and you may consider the services of a trademark specialist to help.
Can a business trademark be used by another party?
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. Not all marks are able to be trademarked.
Why does another business have the same name?
Because the first person to use the business name gets dibs on it, the trademark registry would be a completely accurate database of who owns what mark. Unfortunately, life is messy and sometimes people register trademarks that were being used by other businesses first.
Can a business name be registered as a trademark?
A trademark can be any name, symbol, design, sound or any combination of these elements that describes your business and distinguishes it from others. Only businesses that have registered their trademark with the USPTO can use the registered trademark symbol, (®), and enjoy full, immediate legal protection against infringement.
Because the first person to use the business name gets dibs on it, the trademark registry would be a completely accurate database of who owns what mark. Unfortunately, life is messy and sometimes people register trademarks that were being used by other businesses first.
Where can I find a trademark search firm?
Private trademark search firms will conduct searches for a fee. The USPTO cannot aid in the selection of a search firm or an attorney. Search firms are often listed in the yellow page section of telephone directories under the heading “Trademark Search Services” or “Patent and Trademark Search Services.”
If you are the prior user, or an honest concurrent user then you can still obtain registration despite the existence of a similar mark on the trademarks database. Providing evidence to support this can be tricky and you may consider the services of a trademark specialist to help.