Helpful tips

Can a name be similar to a trademark?

Can a name be similar to a trademark?

If a company registers a company name or a domain name which is identical or similar to a registered Trade mark and provides similar goods or services, the owner of the registered Trade mark may be entitled to bring an action for Trade mark infringement, even if the company has incorporated its name, or secured the …

Can I trademark a similar name in a different industry?

Can I Trademark a Similar Name in a different Industry as a Tradename? During a Trademark search I found one foreign Company that holds a Registered U.S Federal Trademark for a Name of a Food Product, lets call it “Sunny Florida”;.. which is a Similar Name to my newly formed Business “Sunny Florida Online”.

Can a company sue someone for using a trademark?

Registering a symbol or brand name as a trademark allows the trademark holder to sue others who attempt to use the trademark. However, the trademark does not keep other companies from inadvertently or purposely confusing customers with a similar mark.

Can a business trademark be used by another party?

Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business’s trademarks when they are conducting business. Not all marks are able to be trademarked.

What to do if you have a similar business name?

If you become aware of a similar business in your marketplace, seek the help of a trademark professional, to ensure you the best opportunity for protecting your business before the other party tries to gain the advantage over you. Mark My Words are highly qualified and experienced in all areas of trademark law, infringements and disputes.

Is it possible to trademark a similar business name?

There are defences available that state certain situations are not an infringement of a registered trademark, so always best to get solid advice. For instance, similar business names such as ABC Furniture Removal and ABC Early Learning Centre are two different names in two different industries.

When to oppose a similar name trademark in Australia?

In a situation where another similar named business registers their trademark before you, there are still options available to you.   Firstly, if you get the opportunity to act (with the aid of your trademark professional) within the two-months after IP Australia advertises its approval, you can oppose the registration.

Can a business be accused of trademark infringement?

Some businesses receive threatening letters or emails at some point in which the senders accuse them of trademark infringement. These accusations are often based on the use of similar logos, slogans or names. With the internet and Google, trademark infringement accusations are becoming more common.

Where can I find a trademark search firm?

Private trademark search firms will conduct searches for a fee. The USPTO cannot aid in the selection of a search firm or an attorney. Search firms are often listed in the yellow page section of telephone directories under the heading “Trademark Search Services” or “Patent and Trademark Search Services.”