Are location names copyrighted?
In general no, they cannot be trademarked because they are descriptive of a geographical feature. However there are ways to use the names in context that can circumvent the restriction.
Can a country be trademarked?
Trademarks are territorial and must be filed in each country where protection is sought.
Can you trademark a place name UK?
Public policy leans against giving trade mark protection to place names and towards keeping them free for all to use. A place name can nevertheless be protected if it is sufficiently distinctive in relation to the relevant goods or services.
Can I name my company after a city?
No laws prohibit businesses from naming their companies after a town, and this is a common business strategy. … However, you cannot imply that the city or town has endorsed your product by saying, for example, “We’re the city council’s favorite restaurant.” This is a form of false advertising, which is a civil offense.
Can a city name be copyrighted?
Yes, you may trademark a city name if it is used as a brand name for your products or services. For example, “NEW ORLEANS” is a registered trademark for a line of doors and window guards. Trademarking a city name does not mean that you own the city name, nor does it mean that you own the city.
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.
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.
What happens if a trademark is refused?
If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). … The appeal must be filed in the prescribed manner following the TradeMarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules.
Can you sue without a trademark?
Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … To obtain the maximum level of protection for your brand, it is strongly recommended that you register your trademark.
Do trademarks work internationally?
Patents and trademarks are territorial and must be filed in each country where protection is sought. A U.S. patent or trademark does not afford protection in another country. … By filing one trademark registration application with USPTO, U.S. applicants can concurrently seek protection in up to 84 countries.
Are US trademarks valid in Canada?
Are Trademarks in the U.S. protected in Canada? The protection of a registered trademark only extends to the jurisdiction in which it was registered; therefore, if your trademark is registered in the U.S., your trademark would only be protected in the U.S. and not in Canada.