Can a trademark have more than one owner?

In order to be entitled to registration of a trademark, an applicant must be a “person”. A “person” may be an individual, partnership, trade union, association, joint venture, or corporation. An applicant can include two or more persons, for example “John Doe, Jane Smith”.

Can two companies register the same trademark?

A company cannot have the same name as another registered company.

What happens if you use someone elses trademark?

Filing for a trademark protects your intellectual property from being stolen or copied. Using someone else’s trademark is against the law, and that use comes with legal rights. If you use a trademark illegally, you could face a lawsuit in a federal court or deal with negative publicity.

Can two businesses own the same trademark?

The examples below assume there is at least some potential for trademarkability and that the only remaining question is who trumps who with conflicting marks. Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). The guiding principle is consumer confusion.

Can a business name be used as a trademark?

Similarly, use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services might qualify it as both a business name and a trademark.

What is a trademark symbol?

A trademark can be any name, symbol, design, sound or any combination of these elements that describes your business and distinguishes it from others. Only businesses that have registered their trademark with the USPTO can use the registered trademark symbol, (®), and enjoy full, immediate legal protection against infringement.

Do you need an attorney for a trademark issue?

If you’re facing a trademark issue, you should consult a qualified attorney. Hopefully, after reading this post, you’ll know what kind of information to gather for your attorney and what questions to ask. Another Business Has the Same Name As Mine. How Screwed Am I?