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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.

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12y ago
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13y ago

If the name is already being used in commerce, the older business can claim a "common law" trademark.

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Q: Is it illegal to use a trademark name on a personal product?
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Related questions

What protects a products name from being used by others?

Trademark. The trademark law prevents companies from stealing a product name. The Trademark Symbol -- > ™


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.


What is trademark-?

A trademark is a type of intellectual property, specifically a mark used in trade: a business or product name, logo, or slogan.


Is the commercial name for torx patented?

Product names are protected by trademark rather than patent. Torx is a trademark of Textron Industries.


Can you use famous company name for another company?

No, that is called theft of a trademark or copyrighted name. It is illegal to do so.


What is the name product or character of the first living trademark in 1890?

Aunt Jemima.


What does generic means?

GENERIC a consumer product having no brand name or registered trademark.


What do trademarks protect?

A trademark is a mark used in trade, such as a business or product name, logo, or slogan.


The diffinition of trademark?

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.


Can a trademark name be a noun?

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.


Can my product have the same name as a product already established?

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.


Can you patent an acronym?

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.