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Can someone else use your trademark?
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.
When can I start using my trademark?
Once the USPTO approves your intent-to-use application, you must start using the name in commerce within six months. Keep in mind it should take at least several months for the USPTO to process and approve your application. If you are still not ready six months after approval, you can file for an extension.
What is a junior user trademark?
The second or subsequent user of a mark who may or may not have rights in the mark depending whether the mark is being used in the same territory as the senior (first) user. The senior user of a mark has rights superior to all others, and can generally exclude others from using their mark.
How do you trademark a name so no one can use it?
Your brand is your business’s identity, so it’s important to secure it. To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO).
What happens if someone uses your trademark name?
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.
What if I use someone else’s trademark?
If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.
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.
How long does trademark last?
In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Can I use a trademark before it is registered?
The only legal requirement around its use is using it after your trademark application has been approved. Using it before the approval comes through is against the law. Not using the registered symbol on your mark comes with some risk as well.
What is a senior user trademark?
When a trademark owner is the first to use a mark, they are referred to as the “senior user.” Anyone who starts using a confusingly similar mark thereafter is called the “junior user.” A senior user of a common law trademark can sue a junior user if the junior user is operating in the same geographic area and using the Dec 25, 2020.
Can color be inherently distinctive?
On April 8, 2020, the United States Court of Appeals for the Federal Circuit issued a precedential ruling, holding that color marks can be inherently distinctive when composed of a unique design or a particular combination of colors and used on product packaging.
What are common law trademark rights?
A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used–even though they have never been federally registered–can all be considered common law trademarks.
How do you protect a brand name?
12 Ways to Legally Protect Your Brand Protect Your Web Content. Set up Google Alerts. Use IP Protection. Create a Distinctive Mark. Register Your Trademark. Get a Patent. Create an Employee Handbook. Trademark Your Brand.
How do you lock a brand name?
Typically, you’ll start by sending a cease-and-desist letter to the person or company using your business name or logo. Explain your ownership of the trademark, ask them to stop using it, and state that if they don’t, you’ll be forced to take legal action.
How do I lock my business name?
Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.
What happens if someone uses a trademark logo without permission?
You can usually get permission to use someone else’s intellectual property ( IP ) by buying the rights from them or getting their permission to use it. Using someone’s trade mark, patent, copyright or design without their permission is known as ‘ IP infringement’ and could lead to a fine, prison or both.
How do I stop someone from using my trademark?
Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark. Here’s a sample letter, but since every case is unique, you should have an experienced attorney review your letter and case before sending.
How do you avoid trademark infringement?
Here are five steps small business owners can follow to avoid a trademark infringement lawsuit: Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. Enlist help. Consider general liability insurance. Register your trademark.
