Can you use a name that has been trademarked?
However, trademark “ownership” is not absolute.
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..
How do I stop someone from using my trademark?
If you suspect your trademark is being infringed, then you should consider taking action. But first, always seek professional advice from an experienced trademark lawyer or trademark attorney. In most cases, they will usually advise sending a cease and desist letter to the infringing business.
What does it mean if a name is trademarked?
A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.
Can two companies share the same name?
Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.
What do I do if someone is using my trademark name?
The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.
What do you do if someone is using your business name?
Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.