As a business owner, you likely put a lot of effort into coming up with the perfect name for your company. You want something that is unique to your business and also brands you in a particular way. It’s not uncommon to go through a number of potential names before you find the right fit, and once you do, it’s natural to assume that no one else will have thought of it before.
However, when it comes to your business name or the name of any products or services associated with your business, you should be aware that not all names are protected from duplication by law and that you need to opt for US trademark filing. A trademark is a word, name or symbol used to identify and distinguish the products of one company from those of another company. As such, it is possible for two different companies (or individuals) who operate in different industries but sell similar types/kinds (categories) of goods/services might use same/very similar words in their marketing efforts without infringing on each other’s rights under federal law. Because there may be no likelihood consumers would mistakenly believe they come from same source/origin/etcetera).
If someone else uses a brand name that is similar to yours and there’s a chance that customers might get confused between the brands. It considered infringement. Trademark protection can apply not only to words but also logos, packaging designs, slogans and even sounds.
For example, if two companies sell essentially identical jeans with different branding (for example “Blue Jeans Brand” vs “Red Jeans Brand”), then it would be difficult for consumers to differentiate.
Mainly between them based on their clothing alone because both brands essentially offer the same product—which could lead to confusion among shoppers.
In such cases where trademarks are too similar or confusingly similar (this includes phonemic similarities), this can create problems for consumers.
As well as potential legal problems for both parties involved in these disputes over intellectual property rights issues involving marks (such as trademarks).Similar trademarks results in the infringement of brand identity.
What happens if someone else already has a trademark conflicts for the name?
On occasions, trademark owner objects and files formal opposition proceedings with the USPTO. Then you’ll need to go through an expensive legal process before proceeding with your business name.
A business can use more than one trademark for its products and services. For example, Disney uses the marks “Disney” and “Mickey Mouse Club” to identify its entertainment services. You may have already spotted that these are both trademarks but they don’t have:
– identical names
-symbols
so they won’t be in conflict even if you were to try registering them as trademarks yourself!
Trademarks On Federal Levels
Trademarks can be registered at federal level through the US Patent and Trademark Office (USPTO) or at state level through your state’s department of commerce. It’s important to register your trademark because it gives you exclusive rights over that mark under federal law. Meaning no-one else can register it as their own without permission from you!
Trademarks are often used interchangeably with other terms such as “brand name,” “house mark” and “badge.” The use of trademarks must be licensed for use by others in order for it to remain valid under law.
A business can use more than one trademark for its products and services. For example, Apple, Inc. owns both the APPLE trademark for computers and the APPLE BEATS brand for headphones.
Apple Inc., which makes several products under different brands, also owns many other trademarks that it uses in conjunction with these individual brands.
It is possible to get a federal trademark registration for a trade name (i.e., company name). But not all company names are registrable as trademarks with the United States Patent and Trademark Office (USPTO).
While a trademark is a word, name or symbol used to identify and distinguish the products of one company from those of another company. It does not have to be unique. Multiple companies are using the same mark at the same time.
For example:
- Coca-Cola is a registered trademark for soft drinks
- Comcast Cable Communications is a registered trademark for cable television services
Original work of authorship is necessary for businesses to register a copyright.
USPTO rejects marks that includes only the attributes of a product when filing for trademark.
If you cannot show distinctiveness, you can only register on the Supplemental Register.
A trademark or service mark generally must be distinctive to be valid and protectable.
The USPTO looks at many factors including:
- Whether consumers understand the term to refer to one brand rather than others;
- Whether competitors use similar terms or variations on those terms; and/or
- Whether competitors have made efforts to prevent confusion by disclaiming their own marks’ similarity with other brands’ marks.
We hope this will help you to be more confident in your naming decisions. To maintain originality of brand identity, businesses need to register for marks.
If someone else is using your company name or product name without permission, they could cause confusion among customers and hurt your brand’s reputation
