Can you use a company name that has been trademarked?
You may be able to if your use of the name doesn't diminish in any way the value of the trademark, but if there is any way in which your use of the name might cause confusion for the customers of the trademark holder, they will probably fight your use of the name. Bottom Line: Discuss your plans with a business-savvy attorney If by "use the name" you mean open another company using the same (or similar) name, the quick answer is "possibly", but you need to do a little research first. This is called a "clearance" search. :Note: This presumes you do not already have superior rights to use the trademarked name, say, if you were using it well before the other company came along. A company name, by itself, cannot be trademarked -- it has to be associated with some specific product or service before it becomes a "trademark." If the name you're interested belongs to a company that sells things completely unrelated to yours, or only in a very distant place from you, you might be okay. But not necessarily, depending upon how "famous" the name is already. You could not, for example, market a hockey puck called "American Express" without having a chat with their lawyers. Similarly, Hostess brand hockey pucks might not fly very far. This is because those brands' owners can prevent "blurring" and "tarnishing" of their brands by others who may want to take advantage of pre-existing brand recognition, even if nobody is confused about who makes the product. You might do a "Little Wendy's Shoe Polish" product, but not a "Wendy's Drive-In Shoe Shine," because the latter mimics the existing fast food chain. A company with a valuable trademark will often register its rights (in a state or federal registry) and you can start by researching the scope of protection they claim. On the other hand, they are not required to register a brand, so there may be other things they sell that are not included in any of the registrations. If you are going to put a lot of money into the marketing of your company, you should budget a few thousand dollars for an intellectual property attorney to "clear" the use of the trademark before you proceed. A large US company might pay $50,000 or more in worldwide clearance search and opinions, only to find someone else already has used a similar brand in a similar way. To avoid trouble, they start over with another name. Once you know what they claim, you can compare your product/service with theirs, look at the marketing channels you both use, look at both your customer bases, and other factors. If there is ANY overlap, you should be very careful. It would be a shame to devote a lot of effort to build up a brand only to lose it later and have to start over with a safer one. If by "use a company name", you mean "refer to a company name" that has been trademarked, e.g., use it for comparison, or to link to their website, or say you live next door to it, the rules are different. You may legally "use" the name XYZ in your own materials (say, an eBay advertisement) if all you're saying is that the product was made by XYZ (click here for their product info), or even that the thing you're selling is compatible with XYZ. Similarly, in advertising your own products, you could say that yours is "a working replacement for XYZ" or "better than XYZ" if you have proof that the statement is true. You can say, "we hired all the former XYZ engineers before the company collapsed", as long as it's true. However, you may not use a company name that is trademarked if all you're doing is coat-tailing on the fame of its trademark, such as "Our Disney souvenirs are cheaper than the licensed ones!" Many large companies also strongly object to your use of their brand names in meta-tags or hidden text on websites, let alone using their proprietary graphics as "links" to their websites without a license. They have the right to control the source and quality of any affiliate, and to prevent others from falsely claiming an affiliation. Even under so-called "fair use" of a product trademark, you may still get sued for mis-use and it will cost you thousands of dollars in attorneys' fees even to reach a settlement.
In the realm of business, a company’s brand is paramount. It’s how the company is known to customers and investors, and it distinguishes the company from all the other companies out there trying to compete in the marketplace. And so, the name itself is an supremely valuable commodity. In turn, like all valuable commodities, you want to protect your name, and make sure that it continues to signify the excellence your company embodies. Our legal…
Can a company use and create revenue from a registered url that contains a word or words that are trademarked?
Yes, when you incorporate your company you will have to choose some variation of Incorporation, Company or Corporation after your company name. You will need to choose either Incorporated, Inc, Company, Co, Corporation, or Corp. This is a requirement for incorporating a company. This will be the official name of the company but you do not have to use the Inc when you promote your company.
It depends. If it's a specific Brand Name then yes. If it's a word that is a brand name but also accepted generally then you have to be a bit more specific, so no. For Example: This is some wonderful bread on this sandwich. <--- General Use My sandwich is made with Wonder Bread. <---Trademarked Product Hand me some Velcro strips, please. <--- Trademarked Product
There are many sites you can use to purchase a domain name. I personally have used godaddy.com. You can name it a specific name, if that name is not already taken and if there are no trademarks or registrations against that name. for example you could not get a domain name kraft.biz because Kraft is a trademarked name.
In the United States, it is common for trademarked goods to be used as ingredients in a manufacturer's products. And if the trademarked ingredient has a reputation for high quality, a manufacturer might even want to use that fact as a selling point (though if the ingredient is part of a secret recipe, he may not want to publicize it). For example, you could legally use M&Ms brand candies as an ingredient in your retail…
As a simple answer, yes, as long as you are not mentioning it an a destructive and demeaning manner. There are certain areas of law that are usually breached when dealing with naming companies and trademarked brands in works of fiction: trademark infringement, trademark dilution, trademark tarnishment, and defamation. As long as you are not violating any of these boundaries, you are free to mention brand names. Trademark Infringement When you use the brand name…
I have designed a logo which is little similar to othe popular companycolor is diff name is diff Font is diff and shape is quite diff with same concept so can i use this logo Thankyou for your time?
Gramatically do you use a small or Capital A in company letterhead when the parent company is listed below the popular company name?
Freon is a name trademarked by DuPont for a line of CFC and HFC refrigerants which they manufacture. Other manufacturers make these same refrigerants, but cannot call them Freon, as DuPont has exclusive rights to the name. The common name depends on the exact refrigerant you had in mind, as different types of AC systems use different refrigerant.
No. People who make shows on TV, have to makeup a name that is similar. If they use the real name, they will have to first get the company's promition to use the name, they usually have to pay the company or anything else they copy the name. Most of the time if they don't get promition, the company will sew!
If your advertising your product then also the company may known because the name of the product is same as the company.But if you want to make another product then definitely you will not use the company name because it become a name of a product from that company. Your company may easily to remember because same as your product's name. So you will no longer having a hard time to remember what is the…