If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. Trademark issues can be complex. In trademark infringement cases, courts look at whether consumers would be confused by two businesses that operate in the same industry.
The trademark office will then evaluate your application to see if it qualifies for trademark protection. Best of all, they will not consider the other business who is using the same name if they haven't filed for trademark protection. This means you can get a trademark even if someone else is using your business name.
Ans: Yes, it is possible to trademark a business name in use, however, under certain conditions. If the name is in use but not trademarked, you can apply for a trademark and if there are no existing businesses operating in the same industry as yours, you might be able to trademark your chosen name.
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.
No, it is not legal to use another brand's logo on your product for design purposes without permission. Using a logo without consent can lead to copyright infringement and legal action. If you want to use a logo, you must: Obtain explicit permission from the brand owner.
General Rules of Proper Trademark Use Trademarks should be used as adjectives – not as nouns or verbs. ingly, a trademark should not be used alone. Rather, a trademark term should always be used with, and immediately precede, the generic noun that describes the product or component in question.
In summary, the trademark symbol (™) is used for unregistered or pending trademarks, while the registered trademark symbol (®) is used specifically for marks that have been officially registered.
A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online if their business is based in the U.S. Businesses outside the U.S. will need to hire a USA-based attorney to file.
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