Can I register a trademark that someone else is using?
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 if someone is 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.
Can I trademark a phrase already used?
Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.
What happens if someone trademark your business name?
The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.
What do you do if someone is using your 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.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How do I stop someone from using my trademark?
The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
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.
When can a phrase not be trademarked?
Reasons To Not Trademark a Phrase
You need to be the only business in your class using your phrase. Otherwise, the USPTO will probably reject your application. A trademark identifies the source of a product. If your phrase describes a product or service, it won’t be approved for trademark protection.