Can a product have the same name as another business?

Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company. The name is in use by a major national brand, regardless of industry. The other business registered for trademarks before you did.

Can two companies use the same trading name?

A business may use as many trading names as it requires, but these cannot be registered as official names of the company. They are often used for marketing purposes to distinguish one division of the company from another.

Can a business name be protected as a trademark?

A business name generally can be protected as a trademark under federal and state trademark law. Trademark law is designed to avoid consumer confusion over the trademarks that businesses or other organizations use in connection with their goods and services.

Can two companies use the same trademark name?

However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.

Are product trademarks vulnerable to infringement?

Product trademarks are just as vulnerable to infringement as company trademarks are. Also remember that potential infringers might illicitly use the name of your product as the name of their company, and vice versa.

How can I use a trademarked word/name/symbol without trademark infringement?

Some ways that you may use the word/name/symbol while avoiding trademark infringement include: Under the Fair Use doctrine a trademark may be used without permission for commentary or criticism as long as the purpose of the use is not the same purpose of the trademark (e.g., using the name the New York Times for another newspaper).