What do I do if my brand name is already trademarked?

You can’t file to register a trademark that someone else is already using if they used the trademark first. However, if someone else is using your trademark or you used the mark first, you may be able to contest the trademark.

Can I let someone use my business name?

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.

What’s the difference between trademark and copyright?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

What is an example of infringement?

To infringe is defined as to violate a law or agreement, or to exceed limits. An example of to infringe is breaking a hospital’s rule of no smoking on hospital grounds. An example of to infringe is to build a fence that extends onto your neighbor’s property. Break or violate a treaty, a law, a right etc.

Can a business name be used as a trademark?

Similarly, use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services might qualify it as both a business name and a trademark.

What is a trademark symbol?

A trademark can be any name, symbol, design, sound or any combination of these elements that describes your business and distinguishes it from others. Only businesses that have registered their trademark with the USPTO can use the registered trademark symbol, (®), and enjoy full, immediate legal protection against infringement.

Is a trademark application right for You?

1. Determine whether a trademark application is right for you. A trademark is different from patents, copyrights, domain names and business name registrations. If you are specifically seeking to protect brand names and logos, you may proceed with the trademark registration process.

When should you not use a similar business or organization name?

As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.