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Can i register my business name as a trademark if somebody is using it as a service mark in a phrase?
Wiki User
∙ 11y ago
This is a complicated enough question that you have to ask a lawyer specializing in trademarks.
Short answer: yes you can register it. Whether you will retain ownership of the trademark if it is challenged is another thing.
If the mark you're using is what's called a "weak" mark (like "Acme") then multiple companies can get good registrations, but only on the particular goods or services they sell. With a strong mark - like a coined word or phrase - it's more likely the first to use (or register) may have the exclusive right to the mark.
Wiki User
∙ 11y ago
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Various Typesof Trademark Registration in Bangalore:?
Various Types of Trademark Registration in Bangalore: Individual Trademark Company Trademark Logo Trademark Brand Name Trademark Service Trademark Collective Trademark Certification Trademark Shape Trademark Sound Trademark Pattern Trademark Each type caters to specific business needs, ensuring comprehensive brand protection. #TrademarkRegistration #Bangalore
Trademark Protection?
A trademark refers to the symbol, name or device associated with the source of goods on the market to distinguish those goods from others. A business receives trademark rights from the U.S. Patent and Trademark Office to prevent others from using a similar mark that could be confused with the business; however, the trademark does not prevent other businesses from making or selling the same goods or services. A business might also register a trademark with the state where its headquarters is located. Rights are established based on legitimate use of the mark in a commercial setting even if a business does not register the trademark. Registration with a state or federal agency helps to establish the date use of the trademark began in a legal proceeding. Rights to a trademark are claimed by a 'TM' designation without filing an application for registration. Legitimate use of a trademark is referred to common law rights. The first person to either use the trademark or to file an intent to use application will have the ultimate right to the trademark. The federal registration symbol '®' can only be used on goods and/or services connected with the registration once the U.S. Patent and Trademark Office registers the mark. A trademark has to be distinctive enough for customers to recognize a product in the marketplace. Sometimes referred to as strong trademarks, these are creative or extraordinary marks such as Yahoo. A strong trademark is also established from a marketing blitz or a long-standing familiarity with the public. The trademark has to do more than simply describe a feature or the quality of goods and/or services. These are considered weak and are not protected by trademark law. Technically, the business name is not a trademark or entitled to trademark protection. The name is called a trade name and is used on signage, letterhead and invoices. The exception is if the trade name is on a product or service under trademark protection. However, a trade name that is not used on a product or service may still receive some protection under state laws based on the business formation. The owner of a trademark can stop illegitimate use of the mark through the courts. The public purchases products and/or services based on trademarks that are recognizable. Trademark law prevents an overlap that may confuse the public about the origin of the product and/or service. A conflict may not exist with a similar trademark between two companies that have different products and/or services.
Where can one register their business name?
To register a business name with a local sales council, see the country registrar. For tax listings and payments, a city controllers office will be able to register the name and credit the account years. To register a business name for an internet domain a yearly or quarterly fee will need to be paid to the company that is providing service.
How do you register a new business in Colorado?
To register a new business in Colorado you need to fill out certain forms and hand them in. The easiest way is to use the Colorado Business Express service available at Colorado dot gov. It has easy step-by-step instructions.
Do you trademark or a copyright a companys name?
A company name, if it is related to a product or service, may be a trademark or service mark. If the company's name is not related to its products then it would not be registrable as a trademark. Names cannot be copyrighted.
Is snuggle a patent or trademark?
A brand used on goods or services is a trademark or service mark, not a patent.
What do you trademark?
You can trademark a product or service. You can also use other types of "marks" for sounds or building design.
What is Trademark Compliance Service?
Trademark Compliance Service is NOT part of the US Patent and Trademark Office. It is a private company using publicly available data to attempt to collect funds from trademark registrants. The USPTO has excellent information on this type of misleading solicitation and how to deal with them at the link below.
Can you register to vote through service Arizona?
Yes, you can register to vote through Service Arizona. You just have to go to the website and register yourself by clicking on the Register online link.
How can one get business banking accounts?
One can get business banking accounts by using their business. This seems logical, but it is not as easy as it sounds. One should establish at a minimum an limited liability company and register their business with the Internal Revenue Service. The Internal Revenue Service will give you a tax identification number which is used to open up a business banking account.
How or where to register a hotel for more business in hyderabad?
The best and easiest way to register or reserve a hotel for business in Hyderabad is to use an online reservation service. Hotels, Priceline and Orbitz are just a few examples of reputable websites that allow you to reserve hotel rooms all across the world.
What did the Selective Service Act mean for all African Americans?
They were required to register for military service.
