Can you trademark a similar name?
Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business’s trademarks when they are conducting business. … It is still possible for two different businesses to have similar names are marks.
Does trademark protect against similar names?
A trademark prevents anyone else from selling similar goods and services within the United States under that business name. … For example, if someone trademarked their photography studio’s name, “Best of Times,” another entrepreneur would likely be allowed to start a restaurant that uses that same name.
Can you get sued for having a similar domain name?
Yes you can get sued. The issue is whether your use of the domain name violates the trademark rights of this competitor. Trademarks identify the source of goods and services.
Can two businesses have similar names?
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.
Can 2 companies have same trademark?
The only way a similar or identical trademark can be registered is by using the defence of honest concurrent use, provided under Section 12 of the Act. The law, in this case, hands the power of decision to the Registrar. Therefore the allowance of honest concurrent use is up to the discretion of the Registrar.
Can I use TM without registering?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
What Cannot be registered as a 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.
Can someone trademark my domain name?
You can attempt to trademark your domain name or blog. It does have to meet several standards in order to qualify for trademark protection. Sometimes it may be more necessary than others. … Someone could possibly use a very similar domain name selling the same products and piggyback off your marketing efforts.
Is domain name squatting illegal?
Buying and selling real estate is considered an investment, while domain squatting is illegal. … If a domain squatter can’t prove a legal intent in owning the domain name, it is considered to be a bad faith registration, and he or she is considered guilty of domain squatting.
Is it illegal to buy a competitor’s domain name?
As a general rule, given the current legal terrain of trademark law, businesses are well advised to stay away from registering a domain name and setting up a corresponding website which incorporates a competitor’s name.