Can I use a trademarked name for a different product?

Can I use a trademarked name for a different product?

Can I use a trademarked name for a different product?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

Can companies in different industries have the same name?

Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company. The name is in use by a major national brand, regardless of industry. The other business registered for trademarks before you did.

Does a trademark cover all industries?

It is common for companies in different industries to use the same trademark--particularly where the industries are unrelated to each other, the customer bases are completely different, and the products or services offered are completely different. On the other hand.

Can 2 companies have same trademark?

A company can thus register multiple trademarks. Once a Company or LLP is registered, the Ministry of Corporate Affairs will not allow any other Company or LLP to be registered with a similar name as per the Companies Act, 2013.

What happens if I use a trademarked name?

If you use someone's trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

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

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 have a company name that already exists?

In many instances, you can register the same business name in your own state, or in any other state, so long as it is not in the state where the business name already exists. This practice is typically accepted for many types of small, local businesses.

What if someone trademarked my business name?

If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. ... If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.

Do you need permission to use a trademark?

A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. ... However, even then, third parties cannot use logos as part of their marketing campaigns without a specific agreement.

Can two companies trade under the same name?

If the name is the same as one already in use by a limited company, or is too similar, you will not be able to use it because it would be too misleading. The use of certain other words are also either prohibited or regulated under the Company and Business Name Regulations, 2009.

Can we use a trademark name for another company?

  • The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or if your use is part of an accurate comparative product statement. Basics of Trademark Infringement

Can you trade mark a name?

  • The fact is, you can only trademark a name if you use it in your business. And you'll have to show that people are likely to think of you and your goods or services when they hear the name. If you do use your name for business and you are well known by the consuming public, then registering a trademark for your name might be a good idea.

Should you trademark your LLC name?

  • The name of a limited liability company, or LLC, can be trademarked, provided no one has established a trademark of that name first. A trademark can assure no one uses the same or similar name to identify knockoff products or services that could be mistaken for those your company provides.

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