No; you would need to make a good-faith search to find others using the name, and the existing business could claim a common-law trademark without registering for formal protection.
If the name is already being used in commerce, the older business can claim a "common law" trademark.
Trademark. The trademark law prevents companies from stealing a product name. The Trademark Symbol -- > ™
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.
A trademark is a type of intellectual property, specifically a mark used in trade: a business or product name, logo, or slogan.
Product names are protected by trademark rather than patent. Torx is a trademark of Textron Industries.
No, that is called theft of a trademark or copyrighted name. It is illegal to do so.
Aunt Jemima.
GENERIC a consumer product having no brand name or registered trademark.
A trademark is a mark used in trade, such as a business or product name, logo, or slogan.
a trademark is A name, symbol, or other device identifying a product, officially registered and legally restricted to the use of the owner or manufacturer. A distinctive characteristic by which a person or thing comes to be known: the shuffle and snicker that became the comedian's trademark. To label (a product) with proprietary identification.
Yes, a trademark name, the name of a product or model, are all proper nouns.Examples of trademark names (proper nouns):Cocoa Cola and CokeFord Motor Company and FordOreo cookiesKool-Aid drink mix and drinksiPod productsMicrosoft, Google, Yahoo!, AOL, etc.
Only if the product doesn't have a registered trademark on the name. If your product has similar functionality to an existing product and you call it the same thing, you would be at risk of "passing off" your product as theirs and if they have trademarked the name, you would be at risk of being sued.
No; patents are for inventions and processes. If you are using it as a business or product name, you may register it as a trademark.