Can I register a trademark someone else is using?

A registered trade mark gives you a legal monopoly. No one else can use the same or similar trade mark for the goods and services which you have registered, in the territory that you have registered it.

Can I trademark someone else’s domain name?

If the domain name is registered already in bad faith by someone else, known as “cybersquatting,” you don’t need to pay to have the domain returned. In addition, if the domain name was registered but is unused, contact the original owner of the domain to legally transfer ownership.

Can two companies register the same trademark?

A company cannot have the same name as another registered company.

Can I use a registered trademark on my website?

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.

Can a website name be trademarked?

Your domain name — the word or phrase that identifies your Web site (such as AllBusiness) — may qualify as a legal trademark if you use it in commerce or if you notify the U.S. Patent and Trademark Office (PTO) that you intend to use it in commerce. In other words, merely reserving a domain name isn’t enough.

Can you use a website name that is trademarked?

If you begin using a domain name which is confusingly similar to a registered trademark, then the owner of that trademark may successfully challenge your ability to use the domain name. Once you have satisfied yourself that there are no confusingly similar names in use, you may register and use the domain name.

Can I trademark my website name?

A mark comprised of a domain name may be registered as a trademark or service mark in the U.S. Patent and Trademark Office. However, just like any other mark, the domain name is registrable only if it functions to identify the particular source of goods or services offered.

Is it legal to use someone else’s trademark without permission?

And the answer to that is usually yes. Trademark infringement is found only if you are using somebody else’s trademark in association with the products and services for which the trademark was registered. And the word “using” has a very specific legal meaning. So mentioning, somebody else’s trademark by itself is not “use”.

Can I trademark a company name that is already in use?

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.

Can I register a trademark on an intent-to-use basis?

In order to register a trademark, you must be using the good in commerce. Even if you file on an intent-to-use basis, your mark will not be fully registered until you can show the USPTO that you are using the mark in interstate commerce. That assumes of course that the mark you want is even eligible for registration.

Do I need a trademark to protest a domain name?

In fact, domain name registries will require you to have a federal trademark to protest someone else’s domain name. This is why the most important step in trademark protection is applying for your trademark as soon as possible.