Are Business Names Trademarked?

Trademark business name brandthugs

By registering your brand and copyright, you can prevent others from using the same or similar company name.

Trademarks, on the other hand, are word brands, trade names, symbols, sounds or colors that distinguish goods and services from those made or sold by others and indicate the source of the products.

Registered Trademarks cannot be used and allow you to protect your brand from fraudsters using similar names to mislead your potential customers.

The first step in protecting your trademarks and copyrights is to state your registered trademarks and copyrights on your website clearly.


Company Name & Trademark

Often, new business owners are confused about the difference between registering their company name with the state and applying for a trademark.

However, if you are planning to expand nationwide, sell your products and services nationwide, or worry that a partnership could use your name, you should protect your name at the federal level with a trademark.

Trademarks are awarded federally by the United States Patent and Trademark Office ( USPTO ).


For additional protection, a trademark can be registered with the US Patent and Trademark Office ( USPTO ).

If you use your trademark but do not register it with USPTO, you have the protection of the brand in common.

Registration forms a legal presumption that you own the trademark and may use it for the goods and services listed in your trademark application.

Names that use existing words in unique ways - such as "Apple" computers - also create strong brands.


The registration of trademarks significantly increases the rights of others by providing legal evidence and public information about ownership.

Your brand is used to inform others about the products, names, and logos of your company.

The simple use of your brand does not protect you from someone else in the same industry who uses your name or design - but the registration of your brand.


There is a good chance that many of you will receive a nastygram or threatening email from someone who accuses you of violating your brand by copying your company name, password or logo.

However, if You provide SEO and the company that claims to be infringing cookware or financial services, then there is really no brand problem.

Unfortunately, life is chaotic, and sometimes people register brands that were used by other companies.

There is potential for confusion among consumers, as names are similar and companies operate in the same market.


How does it work?

When there are signs that are protected and used by two different companies, however, the question arises as to which company uses the brand will dominate.

If there is little chance that customers in the accusing business will be confused by your use of a similar brand, there is very little chance that there is a trademark problem.

Consumers are less likely to be confused if your business and the company that claims to have violated its brand operate in different geographic markets.

If your company shares the same market as the other company, you must first find out if your company or the person who claims the trademark infringement has used your company name.


Because trademark rights are based on use and not on registration, if a trademark owner uses his trademark while the application is pending, he has the right to register or not.

For example, a lawyer may search before applying to determine whether there are existing registrations that could block your application, in some cases a lawyer may give you advice on what you can do to prevent your application from being registered.

Copyright registration prevents third parties from registering the same or similar marks for use in connection with the same or similar goods or services.


It is not a trademark infringement to use a name for independent goods or services - those that consumers do not believe come from the same source.

It is not a trademark infringement to use a name when you do not compete in the same market as the company.


In many cases, a company will want to start applying for a trademark as soon as its LLC or corporate documents are filed.

Your application for a trademark is usually accompanied by a complete search for brands and names.

Whether your business is significant or not, a brand is vital not only to maintain your brand or to keep it intact but also to save yourself from legal problems when your name or goods are present.


I wondered whether you know about the international brand conflict - If there is no Patent for US brand I have made, but there is a British brand with almost identical brands (which is TM ), there is a severe conflict.

Under UDRP, an authorized arbitrator orders the domain name transferred to the trademark owner if the domain name is identical or similar to the trademark, the registrant has no legitimate interest in the domain name, and the domain name has been registered in bad faith.



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Upasana Narasimhan

Upasana Narasimhan is a 25-year-old startup enthusiast who enjoys blogging, going to the movies and badminton. She is energetic and creative but can be a bit untidy. She has a post-graduate degree and is obsessed with selfies. She is into writing from the age of 12 and loves to write on any topic that encourages the readers to move ahead in life.

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