Does spelling matter in trademark?
Misspelled words can become registered trademarks, but not necessarily because of the misspelling. USPTO trademark examining attorneys will look into phonetic equivalents and the meaning of the term as properly spelled.
Can I trademark a name with different spelling?
There is no trademark for the way I spelled it and the domain name is available! The short answer is most likely not. You would be running a very high risk that the examining attorney will refuse registration based on a likelihood of confusion with the existing mark.
Does a trademark cover variations?
Short answer: No. Slightly longer answer: You can register a trademark only if it is being used to identify your product or service. The extensions / variations presumably are not in use, thus you cannot register them.
What if someone has the same business name as you?
If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. Essentially, if your name is likely to cause consumer confusion because it’s the same or like another business name, then you cannot use that name.
Can a product name be trademarked in the US?
Be sure that the product name is actually capable of receiving trademark protection. Remember that any name that can be considered generic is not able to be trademarked. Be sure that your product name is truly distinctive – a good rule of thumb is to follow the USPTO trademark strength conventions.
Can You trademark the same word mark as another company?
The symbol ™ is often (but not always) used with a common-law trademark; the symbol ® is often used with a trademark registered in the US; and the symbol “MR” (for marca registrada, sometime in a circle, sometimes not in a circle) is often used with a trademark registered in Mexico. The mark can also be written in all capital letters, e.g., ACME.
Is it trademark infringement to use a name that sounds?
If it’s totally different industries, you can use similar or even exact same name in some cases. But you can’t trademark Doka-Cola with cursive red and white design. You’ll get sued for trying to confuse the customer. There are basic rules that the examiner (or judge) is checking when evaluating the similarity between the marks:
Who is the best person to trademark a business name?
Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 5,500 trademarks.
Can a word or variation of a word be trademarked?
The ability to trademark a word or variation of a word depends on its likelihood of being confused with any pre-existing trademark. A variation of a common term that makes it a unique identifier of a line of goods or services might increase its chances of being accepted as a trademark.
Can a abbreviation be used as a trademark?
Think carefully about whether an acronym or abbreviation will work as a trademark for your business. An acronym may be able to function as a trademark if it’s the shorter version of a phrase that qualifies for trademark protection (think “CPK” for “California Pizza Kitchen”).
Is it worth it to trademark your business name?
If you add the TM to your business name, you’re protected by law, and unless a competitor starts to use the same name, you typically won’t have a problem. However, if you do business online throughout the states or overseas, a trademark is worth the effort. This is especially true if you find international businesses in the same industry.
When is a trademark can and cannot be used?
Trademark Infringement. Trademark infringement is when a mark is used by someone that is not the trademark owner in a way that will likely cause consumers to be confused about the source of the trademarked item.