Can a trademark be owned by two people?
Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.
Can trademark be co owned?
In the U.S. joint ownership of a trademark is legal. However, it is contrary to the fundamental trademark policy that a mark should identify and distinguish a single source’s goods and/or services. … If no agreement exists, then the law presumes that each owner is entitled to an equal and undivided share.
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.
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.
Can I trademark a name already in use but not trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
Can you have a trademark without a business?
There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it.
How do you prove ownership of a trademark?
Proof of ownership in a trademark can be provided by a certificate of federal registration. It acts as a prima facie evidence of ownership of a mark.
The court held that before the trademark can be registered in joint names of the parties, it must be established that the trademarks pass through the hands of both the parties. It means that the joint owners must be connected in the course of trade of the registered trademark by sharing profits or in any other way.
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.
Can I sue someone for using a similar business name?
Can I Sue Someone for Using My Business Name? If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.
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.