Can you get in trouble for using a trademarked name?
By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. … When a trademark is registered with the U.S. Patent & Trademark Office (USPTO), the trademark owner can enforce its mark across the United States.
What if someone is using my trademarked name?
If the person or entity receives your letter and continues to use your trademark, it’s time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.
Can you use a registered trademark without permission?
A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used.
Can you use trademarked names for personal use?
Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. … But if—like most people—you only use your name for personal purposes, you can’t register it as a trademark.
Can you sue if someone uses your 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 two companies have the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
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.
What is it called when someone uses your name without permission?
In most states, you can be sued for using someone else’s name, likeness, or other personal attributes without permission for an exploitative purpose. Invasion of privacy through misappropriation of name or likeness (“misappropriation”); … Violation of the right of publicity.
Is the Nike swoosh a trademark?
Nike’s shoe technology (Nike AIR) is a patent. The Nike Air bubble is functional and has a scientific purpose. The color of the shoe and design could be a copyright as it is artful in nature. Contrast those with the “Nike” name and logo, and the swoosh on the shoe, as all are trademarks of Nike.
Is it legal to use company logos on your website?
The short answer is: Yes, you can . But we get it. Using third-party logos and other Intellectual Property (IP) assets can feel risky. … But such very limited, non-infringing, and non-commercial use of third-party logos on your website is okay under account-based marketing campaigns.
Do I have to trademark my logo?
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.
Can I trademark my full name?
This means that a personal name can be protected as a trademark only if the owner can prove that, through use, the name has acquired distinctiveness or made an impact on the buying public. Under common law, the secondary meaning requirement applies to last names alone, first names alone, and the combination of both.
How do I know if a name is trademarked?
You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.
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”.