Quick Answer: How Similar Can A Trademark Be?

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 is the cheapest way to trademark?

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.

Can I use TM without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

What happens if my trademark is denied?

If the TTAB issues a final decision to reject a trademark application, there is only one remaining option for recourse. The applicant must file an appeal with the United States Court of Appeals for the Federal Circuit. … In the process, the Court may elect to remand the matter for further proceedings.

How do you know if a trademark is too similar?

Too Similar to an Existing Trademark?Compare the look of the new mark with the look of the existing trademark.Compare the market for the new mark with the market for the existing trademark.Analyze how often the new mark has been confused for the existing trademark.Compare the customers for the mark with the customers for the existing trademark.More items…•

Does an LLC need a trademark?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. And if you are considering incorporating or forming an LLC but haven’t gotten around to it yet, you should do so before registering any trademarks.

What Cannot be registered as a trademark?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

What is refused in trademark?

If the trademark examiner finds that the applicant’s trademark is confusingly similar to an existing registered trademark that is used with a similar or related type of good or service, the examiner will issue a refusal.

Can I sue someone for using my business name?

Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization. Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes.

Can I trademark my own name?

Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. … But if—like most people—you only use your name for personal purposes, you can’t register it as a trademark.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Can someone steal my business name?

It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney. … However, you can probably trademark a combination of words, such as “Biz Tipz for You”.

How long does trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

Does a trademark have to be exact?

Why is it important to accurately describe my goods and/or services? Failing to accurately identify your goods and/or services could prevent registration of your trademark because you’ll be required to submit a sample of how you are using your mark with the goods/services you list on the application.

Why do Trademarks get denied?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else’s (already existing) trademark, your registration will not be granted.

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

How similar can a trademark name be?

Stated briefly, trademark law makes it unlawful for a business to use a trademark (e.g., a slogan, a logo, a name) in connection with a good or service if that use is confusingly similar to another business’s use of a trademark.

Can 2 companies have 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.