What if your name is trademarked?

Can I use a name already trademarked?

If someone else has already registered your trademark, you’ll be unable to register the mark. However, trademark protection is not absolute. If you can show that you used the trademark prior to the registration of the other trademark, you may still own the mark. You can’t simply notify the trademark office, though.

What happens when a name is trademarked?

A trademark is a piece of intellectual property that allows you to “brand” something so that no one else can copy or use it. It distinguishes your company and its products from everyone else. … Trademarking your name gives you an additional brand and keeps others from using your name.

Can a person’s name be copyrighted?

Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 “Copyright Protection Not Available for Names, Titles, or Short Phrases”.

Can I sue someone for using my 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.

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Can 2 trademarks have the same name?

Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business’s trademarks when they are conducting business. … It is still possible for two different businesses to have similar names are marks.

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.

You should consider registering Trademarks to protect any features that you use to identify your brand. Many businesses register a number of Trademarks, for example, one to protect their brand name, another to protect their logo and another one to protect a tagline.

Do actors trademark their name?

Under U.S. trademark law the celebrity name must function as a trademark, and indicate the source of the goods or services. … If a celebrity’s name causes a likelihood of confusion with another mark in an application or registration, the celebrity’s application will be refused.

Is it better to trademark or copyright a name?

Trademarks offer far more protection than copyrights, but copyrights are extremely important for the protection of logos. Read on to explore in detail the difference between the two, so that you can better understand their importance and the impact they can have on your company.

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How much does it cost to copyright a name?

Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don’t want protection outside your state.

How do I copyright a name for free?

Can I trademark a name for free? You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business.