Can I use a brand name if its not trademarked?

Can I use a name that is not trademarked?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. … When a trademark is registered with the U.S. Patent & Trademark Office (USPTO), the trademark owner can enforce its mark across the United States.

What happens if you don’t trademark a name?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

Does a brand need to be trademarked?

In general, you must use a trademark in your business in order to have trademark rights. But the USPTO offers a way for businesses to preserve their right to use a trademark in the future. … You will need to begin using your trademark and submit additional paperwork to complete the federal registration process.

The United States trademark law as stated in the Lanham Act allows a non-owner of a registered trademark to make “fair use” of it without permission. … This means that using someone else’s logo without permission, even if it’s unregistered, is against the law.

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What happens if you use a trademarked name?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

What is the cheapest way to trademark?

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.

What is the difference between copyright and trademark?

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.

Can an LLC own a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Is the Nike logo illegal?

Trademarks are usually made for names, symbols, catchphrases, figures, and lyrics. For example, the Nike swoosh symbol, the phrase “Just do it” and the name Nike are trademarked. … If Nike hadn’t trademarked “Just do it,” anyone could use the phrase in branding and advertisements.

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Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.

One of the most common forms of infringement occurs when a company attempts to use a logo that looks similar or uses similar language as another copyrighted logo. If the competing logo creates confusion, then its owner could face legal action for infringement.