Can I Trademark Something That Already Exists?

by
Can I trademark something that already exists?
If you’re wondering, “”can you trademark something that already exists,”” the simple answer is “”no.”” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
Read more on www.upcounsel.com

The United States Patent and Trademark Office (USPTO) usually grants the right to use a mark to the first party to file an application with it. This does not, however, imply that you may trademark an existing product.

If a proposed trademark is too similar to an already registered trademark, the USPTO will not approve it. Because trademarks are intended to be distinctive identifiers of goods and services, this is the case. When two trademarks are too similar to one another, consumers may become confused. If someone attempted to trademark “Coca-Cola,” for instance, the USPTO would probably reject the application because the name is already a registered trademark.

Can Two Businesses Register the Same Name?

Technically, two businesses can trademark the same name, but only if their industries are wholly unrelated and there is little chance of consumer confusion. For instance, the term “Delta” is a trademark owned by both Delta Airlines and Delta Faucets. This is due to the fact that they work in distinct industries, making it unlikely that customers will mistake the two.

If two businesses in the same sector submit applications to trademark the same name, it is doubtful that both will be accepted.

Is it possible to trademark the same name? You might be wondering if you can trademark a name that is currently being used by another company if you are just establishing a firm. No, is the response.

The purpose of trademarks is to serve as distinct identifiers of goods and services. You cannot register a name as your own trademark if another person is already using it.

You might be permitted to use the name for your company, though, if the other company isn’t trademarking it. For instance, you might be permitted to use the same name for your retail store if a restaurant is already using it but hasn’t registered it. Are two LLCs permitted to share the same DBA? It is not advisable for two limited liability organizations (LLCs) to have the same “doing business as” (DBA) name.

Using the same DBA name may put clients at risk for confusion and legal trouble. The best option is to think of a distinctive name for your LLC’s DBA.

Is it Possible to Run Multiple Businesses from One LLC?

You can operate more than one business under a single LLC, yes. We call this a “series LLC.”

For liability purposes, each company included in the series LLC is regarded as a separate entity. This means that if one company in the series LLC is sued, the other companies are shielded from the case.

It’s crucial to remember that not all states recognize series LLCs, either. To find out if this is a choice for your company, it is important to speak with an attorney.

Finally, although while it is conceivable for two businesses to use the same name, it is typically not advised. Due to the fact that trademarks are intended to be distinctive identifiers, having two marks that are almost identical can confuse consumers. It’s crucial to complete your homework and think of a distinctive name for your company. A lawyer should be consulted to decide whether having many businesses under one LLC is the best solution for your particular case, even though this is technically allowed.