Is a phrase trademarked?
Only a phrase that is used for a commercial purpose may be trademarked. You can’t trademark a phrase just because you like it and don’t want anyone else to use it. You must be using the phrase or intending to use the phrase in connection with the sale of goods or services.
Is a phrase trademarked or copyrighted?
A phrase should be trademarked, not copyrighted. Registering a trademark with the USPTO is simple and not very time-consuming but can take time to approve. If you hope to enforce your ownership over a specific trademark, you’ll want to get it registered before it’s too late.
Do trademarks expire?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
Can you trademark a phrase on a T shirt?
Because a slogan or design silk-screened onto a T–shirt is not a trademark. A trademark is any word, phrase, design or device that identifies the source of the goods identified by the mark. Don’t even attempt to register the trademark for a slogan or design that simply appears across the chest or back of tee–shirt.
Can I sue if someone uses 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 you patent words on a shirt?
Generally speaking, a phrase is not something that you can trademark if it appears on apparel. In order to be a source identifier, the phrase would have to appear on a price tag, a hang tag or the shirt tag.
Can I trademark a name that already exists?
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 2 companies have same name?
A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar‘ to an existing name will be rejected by Companies House.
What happens if I use a trademarked name?
If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.
What happens if someone trademarks 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 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.
Can you sue someone for using your 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 do you do if someone is using your business name?
If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.
How do you stop someone from using your business name?
How to Protect Your Business Name
- Protecting Your Name in Your Home State. One of the best ways to protect your business name in your home state is to form a business entity such as a corporation or a limited liability company.
- Filing a DBA or Registering a Business Name.
- Trademark a Business Name.
- Copyrighting a Business Name.
- Internet Names.
Can someone steal your business name?
If you have a unique brand name or logo, protect it. It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney.
What happens if you have the same business name as someone else?
If your exact business name is taken by another company, your state’s Secretary of State will not permit duplications so as to avoid confusion. That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.
Can you use a business name that already exists?
Business Names and the Law
Names that are similar to existing names are not allowed. Using an existing company name can leave you open to legal action and the possibility of being forced to change your business name and pay damages for trademark infringement.
Can I trademark a name already in use but not trademarked?
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.