First off, if another company is already utilizing a name or emblem for their enterprise, that company may already be the owner of a common law trademark. This indicates that they are entitled to use the name or logo even if they haven’t filed a trademark application with the USPTO. You cannot just trademark the name or emblem in this situation for personal use because that would be against the owners’ rights.
But the name or emblem can be eligible for trademark registration if it isn’t being used in connection with a company. You might be eligible to trademark a name for your own commercial purpose, for instance, if someone else already has a blog or social media account with that name but isn’t using it to advertise goods or services.
The risk of confusion between your company and the competition must also be taken into account. Even if your company name or logo is not registered as a trademark, it may still be considered trademark infringement if it is too similar to an already existing one. Legal difficulties and exorbitant litigation may result from this.
If you are successful in trademarking your name or emblem, it is crucial to understand how long the protection will continue. As long as a trademark is renewed every ten years, it can remain in use permanently. To maintain the protection, the trademark must be used and the renewal cost must be paid on time. How Can I Prevent People from Copying My Logo?
Once you’ve registered your logo as a trademark, you have the right to sue anyone who uses it without your consent. However, it’s crucial to take proactive measures to safeguard your trademark. This may entail keeping an eye on both online and offline behavior, sending cease-and-desist letters, and, if required, filing legal charges.
By utilizing a name in connection with your business, you must first establish common law trademark rights in order to own it. This can involve setting up a website, registering a domain name, utilizing the name on promotional materials, and operating a business under it. For added legal protection, you can also register your trademark with the USPTO. Do you trademark or copyright a logo?
A logo may be both trademarked and protected by copyright. Any original creative work, such as a logo, is immediately protected by copyright laws. To stop others from utilizing the logo in conjunction with their own business, trademark protection is necessary. Therefore, for optimal protection, it is advised that you copyright and trademark your logo.
As a result, trademarking an already-in-use name or logo can be challenging because it depends on a number of variables, including common law trademark rights, the potential of confusion, and proactive protection. To decide what to do in your particular circumstance, it is crucial to speak with a trademark lawyer.