Quick Answer: Can Two Clothing Brands Have The Same Name?

Can you sue someone for using your business name?

Trademark.

Trademarking your business name gives you more protection than just registering it.

Once you’ve trademarked it, you can sue anyone who infringes on it.

Even a name that’s not identical can infringe if it’s close enough to confuse your customers..

Can someone steal your business name?

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. … However, you can probably trademark a combination of words, such as “Biz Tipz for You”.

Can there be two brands with the same name?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). … However, if the business operate in overlapping markets and have similar names, there are a series of factors we must consider to determine who has priority.

Can the same name be trademarked twice?

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. … It is still possible for two different businesses to have similar names are marks.

What if someone has the same company name as me?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. Names are doled out on a first-come, first-served basis. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights 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.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

How long does trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

How do you check if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

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.

How do I protect my business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

Can company names be similar?

A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

Can two companies have the same trademark?

Can two different companies hold the same trademark name if they provide different services or products? The brief answer is, sometimes. Trademark registration/ infringement disputes revolve around the possibility that differing services or brands can be confused for each other.