Can someone else trademark my name?
Trademarks are granted to protect established brand names from inferior competition. In most cases, a person can’t trademark his name, but other protections can help business owners protect the use of their name if it is used in association with business.
How do you trademark a name so no one can use it?
To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.
What names Cannot be trademarked?
What Can’t Be Trademarked?
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
Is it worth it to trademark a name?
Summary. Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.
What happens if you trademark your name?
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.
What happens if someone trademarks your business name?
If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. … If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.
What happens if you don’t use a trademark?
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.
Can someone steal your business name?
Anyone can snatch up a business name and use it for their own business. There’s no one uniform database or agency that ensures only one business is using a specific business name. That’s how we often see very similar company names that aren’t related by franchise or corporate ownership from one state to another.
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.
Is it illegal to put TM on a logo?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. … But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.
Can you trademark curse words?
The short answer is: no, you cannot trademark a “bad” word if it is scandalous, offensive, or immoral. U.S. trademark law absolutely bars trademarking words of immoral or scandalous matter.
Can I trademark any word?
Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Should I get a trademark or LLC first?
In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.
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.