Can you register a trademark that is already in use?
You can’t file to register a trademark that someone else is already using if they used the trademark first. However, if someone else is using your trademark or you used the mark first, you may be able to contest the trademark.
What happens if you trademark a name already in use?
If somebody else is already using a mark that is reasonably similar to yours, it’s likely that your application for trademark registration will be denied. United States trademark law requires trademarks to be entirely unique from any other than are currently in use.
Is a trademark valid worldwide?
Trademarks are territorial, and hence, would require separate filing in each country where you intend to have it protected. However, there are international conventions such as the Madrid protocol that serves as a centralised registration system for trademark grants in all member countries.
Can a trademark be protected in more than one country?
Can an applicant secure a trademark registration covering more than one country? Yes. Several international agreements make it possible to file a single application to register a mark in more than one jurisdiction.
Can you sue someone for using your trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
What Cannot be registered as trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Can someone take your trademark?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
Can 2 businesses have the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
How do I protect my trademark internationally?
You can apply for international trademark protection by filing an MM2 form, which is available on the WIPO website. Then, you can submit a hard copy to the U.S. office. There are 113 countries that currently offer protection under the Madrid Agreement, including China, France, Italy, Australia and the European Union.
How much does it cost to trademark a name worldwide?
The cost of filing a direct trademark application in any given country via a local attorney are about $1500-$2500. The cost will vary country by country (depending on the filing fee) and will vary depending on how much service and time you need from the local attorney.