Can companies have similar names?

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. If the two marks identify different products and operate in different markets, consumers are not likely to be confused.

Can a company name be the same as a trademark?

Registered Trademark A registered Trade Mark is entirely different from a company name. A Trade Mark can take different forms, for example, a business name, a product name, a logo or the name of a service.

Can you trademark a name in a different industry?

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.

What if my company name is already trademarked?

If someone else has already registered your trademark, you’ll be unable to register the mark. However, trademark protection is not absolute. If you can show that you used the trademark prior to the registration of the other trademark, you may still own the mark. You can’t simply notify the trademark office, though.

Can a company use another company’s name without trademarking it?

So if another company is using a word as ONLY their company name, they may not have trademark rights in it. But, in the very likely case that they are using the word not only as the name of their company, but also as a brand, then they almost certainly have acquired trademark rights.

Can two companies use the same trademark in different industries?

However, the question is determined by the potential for the confusion of consumers. If two similar marks are used in different industries that are located in different markets, confusion is unlikely. On the other hand, if two businesses that are using similar marks are operating in markets that overlap, priority will be an issue.

What does same name same class mean for trademarks?

“Trademark, same name, same class” is an expression that means more than one business entity registering the same trademark name in the same product and service class with the United States Patent and Trademark Office (USPTO). There are several classes in which trademarks can be registered.

What are the different types of trademarks?

The marks that a business uses in the course of conducting its business include the business name, logo and slogan. When these marks are registered with the United States Patent and Trademark Office, they are called trademarks. Registering a trademark gives a business protection for its use in the U.S.