You cannot use your company name if it has already been trademarked. Infringing on another person’s trademark might get you into trouble, cost you money, or even cost you your business. The United States Patent and Trademark Office (USPTO) database and state trademark databases should therefore be thoroughly searched before settling on a name. If you discover that a name is already in use, think about selecting a different name or consulting a trademark lawyer to see if there are any other options.
If a person’s name is utilized for commercial gain, you may trademark it. However, because you need to show that the term has a secondary meaning connected to your brand, it is trickier than trademarking a company name or logo. For instance, you must show that the name symbolizes your brand and not just the celebrity if you wish to trademark their name.
No, if two trademarks are used in the same business they cannot have the same name. If a trademark application is too similar to an already registered trademark, the USPTO will not authorize it. The trademarks might coexist, nevertheless, if they are utilized in distinct businesses. For instance, although having the same name, Delta Airlines and Delta Faucets have different trademarks. Can you use a name that isn’t protected by a trademark? You are allowed to use names that are not protected by trademarks. To make sure the name is not taken, it is necessary to conduct a comprehensive search. though a name is connected to a certain brand, even though it is not registered as a trademark, it may still be protected by common law trademark rights. Therefore, before utilizing any name for commercial purposes, it is always advisable to seek legal advice from a trademark attorney.
In conclusion, safeguarding your brand’s name and emblem is essential for its success. You may protect your intellectual property against infringement and unlawful use by completing a comprehensive search and registering your trademarks with the USPTO. Consult a trademark lawyer if you have any doubts regarding trademarking; they can walk you through the procedure and help you secure your brand.