Trademark Infringement Name Without Registration
Description
How to fill out Cease And Desist Letter For Trademark Infringement Of Internet Domain Name?
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FAQ
If the name is a personal name you may use it a trademark, as long as a namesake does not beat you to the punch, meaning that your proposed personal name would not cause a likelihood of confusion with a similar name already in use for related goods or services.
You Can Sue Without Registration?But Only On A Limited Level However, the law does not require registration as a requirement to obtain legal rights. Indeed, federal law allows for a trademark infringement claim even without registration (15 U.S.C. § 1125(a)).
The lack of a federal registration means you will not have a presumption of ownership, but you can still sue an infringer for trademark infringement since the Lanham Act allows for lawsuits based on unregistered trademarks.
§ 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.
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.
