Introduction
There are a few things you should be aware of if you intend to use another party’s name or trademark in your business name. To begin, you may incorporate another business name or brand into your own. However, just because something is feasible does not imply that it will be simple! There are legal restrictions on utilising someone else’s mark that centre around the USPTO Trademark Application procedure.
It is legal to use a business name or trademark that is similar to another business name or brand. There are, however, restrictions on how you can utilise the current business name or trademark.
To prevent infringing on another company’s or person’s trademark, don’t: Use the other’s mark as part of your own mark (for example, combining “Coke” with “Soft Drinks” would be prohibited).
Use an identical spelling of their trademark (for example, using ‘Coke’ instead of ‘Coca-Cola’ may get you in hot water).
Make it look as though you’re sponsored by them (for example, just utilising their emblem with your company’s name).
Use the mark in a way that may cause customers to be confused about whose firm is offering what. Before registering your own mark with the United States Patent and Trademark Office, undertake sufficient research to prevent infringing on another business name or trademark (USPTO). This might assist you in avoiding any potential legal complications in the future.
You must ensure that your mark is distinct from other marks in the Supplemental Register.
If your proposed mark is confusingly similar to a registered mark or an existing unregistered mark, it may be refused. In general, the USPTO visually evaluates the marks by comparing them side by side.
The USPTO offers a guide accessible at http://www.uspto.gov/trademarks/searching/similarity search/ for establishing if a mark is too similar to another mark.
The USPTO will also consider the goods or services on which your mark is used to determine if the marks are likely to be confused. If there is, the USPTO may reject your proposed mark.
Your mark does not need to be registered if it is considered descriptive, but it will not gain any of the legal benefits connected with federal registration.
Descriptive markings cannot be registered as federal trademarks, although they may be eligible for state registration and common law protection.
Descriptive marks are thought to be the most popular sort of trademark. They define a trait or attribute of your products or services that customers would use to describe them to others. “The Best” motor oil, “Large” restaurant chain, and “Great” computer store are a few examples.
If your mark is deemed descriptive, it does not need to be registered since it will benefit from all of the legal advantages connected with federal registration (such as nationwide priority). However, descriptive marks are not legally protected against others using similar marks on similar products or services as long as those other users do not confuse customers about who owns the rights to their mark (s).
If your mark is not federally registered, you do not need to use a sign like (R) or TM.
The sign (R) indicates that a trademark has been registered with the US Patent and Trademark Office. The TM sign indicates that a trademark is in use but has not been registered with the USPTO.
If you are utilising your company name as a trademark, you do not need to use any of these symbols since they will lead readers to believe your mark is federally registered.
The USPTO will reject your trademark application if your mark is too similar to another mark. If you desire, you will be allowed to respond with evidence that your markings are not confusingly identical.
In general, you may use another’s trademark to describe your goods or services if the usage is accurate and does not imply an affiliation with the trademark owner. In a car magazine article, for example, you may write, “Ford sells pickup trucks, Ford builds SUVs, and Ford sports cars.” You couldn’t, however, design a shirt that stated “I’m a Ford” if the context implied that Ford Motor Company endorsed or authorised the garment.
It is also permissible to utilise another person’s trademark when promoting your own goods or services. This is especially true if there is little chance of mistake between the two items due to their nature or because they serve separate markets (e.g., bread vs. software).
If there is any dispute about whether a specific use of another’s mark is legitimate, it is required to speak with a knowledgeable attorney for advice on the clearance of such intended use.
Please contact us if you have any queries concerning your individual circumstance.
If you are not utilising your company name as a trademark, you may use the TM sign in combination with it to indicate that it is being used as a trademark. If the mark has been registered with uspto, you can also use ®, although this is not essential.
If you are using your company name as a trademark and it has not yet been registered with the USPTO, the TM sign should be used alongside the name to indicate that it is being used as a trademark. If the mark has been registered with uspto, you can also use ®, although this is not essential.
Conclusion
If you want to use another company’s name or trademark in your own, you should conduct study on US Trademark Filing . This manner, you may prevent any potential legal difficulties while also ensuring that your use of the mark does not cause consumer misunderstanding.
