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 you use a competitor’s name in an advertisement?
It is perfectly acceptable and within the bounds of the law to use another’s trademark in advertising , provided certain standards are met. The advertisement must be truthful and the use of another’s trademark must not give a false impression of connection, approval or sponsorship by the owner of the other mark.
Can you use a trademarked name in an advertisement?
It is perfectly acceptable and within the bounds of the law to use another’s trademark in advertising , provided certain standards are met. The advertisement must be truthful and the use of another’s trademark must not give a false impression of connection, approval or sponsorship by the owner of the other mark.
What happens if you use a trademarked name without permission?
United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers .
What happens when a name is trademarked?
A trademark is a piece of intellectual property that allows you to “brand” something so that no one else can copy or use it. It distinguishes your company and its products from everyone else. ... Trademarking your name gives you an additional brand and keeps others from using your name .
Can 2 different companies have the same name?
Can Two Companies Have the Same Name? Yes , however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
Can two products have the same name?
One of the primary aims of trademark law is to prevent consumer confusion. ... However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name .
Can logos be used without permission?
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 you sue someone for using your 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 .
Can I use someone else’s slogan?
Just because a company has trademark rights , those rights do not absolutely prohibit anyone else from using the same name, logo, or tagline. ... The same exact trademark you use can be used on a substantially different product or in a substantially different industry.
What Cannot be registered as a trademark?
Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.
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.
Should I trademark my logo or name?
Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.
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 two things have the same name?
What does homonymous mean? If two words are described as homonymous, it means they are homonyms—words that have different meanings but are pronounced the same or spelled the same or both. Homonymous can also mean having the same name.
Can someone steal your business name?
Anyone can snatch up a business name and use it for their own business . There’s no one uniform database or agency that ensures only one business is using a specific business name. That’s how we often see very similar company names that aren’t related by franchise or corporate ownership from one state to another.
