Can i trademark a name if someone else is using it?

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Filiberto Turcotte asked a question: Can i trademark a name if someone else is using it?
Asked By: Filiberto Turcotte
Date created: Thu, Jun 17, 2021 4:30 PM
Date updated: Wed, Jun 29, 2022 5:11 PM

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Top best answers to the question «Can i trademark a name if someone else is using it»

You can't file to register a trademark that someone else is already using if they used the trademark first. However, if someone else is using your trademark or you used the mark first, you may be able to contest the trademark.

FAQ

Those who are looking for an answer to the question «Can i trademark a name if someone else is using it?» often ask the following questions:

💻 Can i register a trademark if someone else is using it?

You can't file to register a trademark that someone else is already using if they used the trademark first. However, if someone else is using your trademark or you used the mark first, you may be able to contest the trademark.

💻 Can i trademark someone else's name?

Can I trademark a person’s name? Maybe. You might be able to register a person’s name as a trademark if the name meets certain conditions. Here are requirements for trademarking your own name or someone else’s name: If the name identifies a living individual, consent to register must be made of record [see TMEP 813]. If it’s obvious that the mark applied for is the applicant’s name, then consent may be presumed.

💻 Can someone buy a trademark and own a name?

It is not illegal for the U.S. Patent and Trademark Office to register a person's name as part of a trademark, but it only grants this level of protection to names that are widely used in commerce or are unique. Trademarks are granted to protect established brand names from inferior competition.

💻 Can someone trademark my artist name without me?

Copyrights protect creative, original works such as sound recordings and musical compositions, but Trademarks protect things like names, logos, and slogans… In the U.S., you basically need to secure a trademark registration from the United States Patent and Trademark Office (USPTO).

💻 Can you have the same trademark as someone else?

  • So can you have the same trademark as somebody else as long as you are providing completely different products and services from that other trademark. And the answer to that is yes because when you register a trademark, you don't get a monopoly over a word, phrase, or logo itself.

💻 Can you trademark a word that someone else has trademarked?

  • Can you still register your trademark if someone else has trademarked the exact word or phrase under a different class of products or services? Find out by watching the video below. THINKING OF TRADEMARKING YOU BRAND?

💻 Can you trademark the same brand as someone else?

  • THINKING OF TRADEMARKING YOU BRAND? So can you have the same trademark as somebody else as long as you are providing completely different products and services from that other trademark? And the answer to that is yes because when you register a trademark, you don't get a monopoly over a word, phrase, or logo itself.

💻 How can i tell if someone else is using my ip address?

  1. Verify that a system has an overlapping IP address…
  2. Access a Windows command prompt…
  3. Type "ipconfig" into the command prompt…
  4. Look in the output of the command to identify the IP address assigned to your network interface…
  5. Turn off the computer.

💻 Is someone else using my internet connection?

If you suspect that someone is stealing your Wi-Fi, you need to log in to your router's administration page. Most people can do this by typing 192.168.1.1 or 192.168.2.1 into the address bar… Note: Old phones, gaming consoles, Wi-Fi-enabled cameras, and other connected devices may show up on the MAC address list.

10 other answers

Possibly - you might be able to trademark a name that's already in use if your product or service is completely unrelated from the existing, registered version and there's little to no chance of consumers being confused and thinking it's the same company. This information was provided by our founding attorney, Xavier Morales, Esq.

Question of the Day: Can I trademark a name someone else is already using?Here's the scenario: You've been trying to come up with the perfect name for your b...

Maybe. You might be able to register a person’s name as a trademark if the name meets certain conditions. Here are requirements for trademarking your own name or someone else’s name: If the name identifies a living individual, consent to register must be made of record [see TMEP 813 ].

There’s always the rule that, for whatever means of making money without producing anything of value, someone already thought of it before you. You cannot obtain a trademark registration, at least in the U.S., on a name that someone else is already using in their field of use.

Too often, small-business owners don’t think about trademarks until it is too late, and they see someone else using their company or product name. At that point, it becomes a fight over who owns...

If someone else is already using the same or a very similar name for the same or related services, then as the prior user they have probably acquired common-law trademark rights (i.e., rights that exist without a USPTO registration) in those geographic areas in which they are... 0 found this answer helpful | 0 lawyers agree

So, use has a very specific meaning in the trademark world and it means offering your product or service under that brand to the public or for services it's also advertising that brand. So simply mentioning the name of your startup in a news post or a Facebook post or a Twitter post does not constitute a use for trademark purposes.

If you start using a brand name or logo for your goods and/or services and have not conducted a trademark search and/or filed to register your mark with the United States Patent and Trademark Office (“USPTO”), you’re taking a huge risk.

A proper trademark search will reveal if a suitable version of the the domain name is available. First off let me say that you cannot try to get a trademark solely to “take” a domain name from someone else. This is known as Reverse D

I was recently made aware that somebody else changed their business name to ‘The Food Place’ in January this year. I then registered my company as a dormant LTD in February 2018. I recently decided to trademark the name as I wanted to protect for any future investments but found out that this other person trademarked it mid february! I am gutted. My question is - can they demand that I stop trading using the name even though I was in business using it first and already registered on ...

Your Answer

We've handpicked 6 related questions for you, similar to «Can i trademark a name if someone else is using it?» so you can surely find the answer!

Is someone else using my internet?

The easiest way to see if someone unauthorized is using your Wi-Fi is to look at your router – but this only works if you can take all your wireless devices offline completely… With no devices using Wi-Fi, the lights should not be flickering or flashing. If they are, someone else is probably connecting to your network.

What happens if someone else trademark your 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.

What happens if someone else trademarks a business name?
  • Thus, in the ideal world it would never be the case that you have registered the trademark, but someone else was using it before you. 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.
What happens if someone else trademarks 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.

What should you do if someone else is using your trademark?

The initial step would be to contact a lawyer who has some experience in the field of trademark law and then follow their advice. Such issues are usually dealt with by sending a caution letter to the business infringing your brand name and asking them to refrain from using your trademark logo or tagline.

Why would someone trademark their name?

Registering a trademark for your personal name can be a good way to protect yourself from people who want to profit by using your name without your authorization. It can also help if you are a victim of cybersquatting.