Can owners of similar trademarks coexist?
When two different trademarks are identical – or even similar – the owners of the trademarks may enter into a co-existence agreement. A co-existence agreement can settle trademark disputes stemming from different owners using similar trademarks.
How can two different parties have simultaneous rights to use the same trademark?
Trademark rights arise automatically as a result of using a mark in commerce. Registration is not necessary. … Thus, two or more parties can simultaneously use the same mark for the same goods or services in different parts of the country without infringing each other’s rights.
How similar can a trademark be?
If trademarks share a common word or term, the marks may be considered similar in appearance even if one of the marks adds other letters or another word to it, especially if the added material is descriptive or suggestive of the goods or services.
What qualifies as trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What happens if I 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.
Can I register a trademark in the same class?
Registering your trade mark under a specific class prevents someone from registering the same or similar trade mark within the same class. … It does not prevent someone potentially registering a similar trade mark in a different class(es), so be sure to register your trademark in all the classes you think are relevant.
What is concurrent registration in trademark law and when is it used?
A concurrent use registration permits both users to obtain federal trademark registration, with each registration being limited in such a manner as to prevent any significant likelihood of confusion among potential customers.
Is a trademark necessary?
Trademarking is an important step for protecting your brand identity. It will stop competitors from poaching your customers by imitating your brand. It can also offer you some protection if those copycats do something reputation-damaging.
Can a trademark last forever?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.