Quick Answer: Can A Trademark Have Two Owners?

Can someone use your business name?

You thought you had registered the name of the business as a trade mark, when it was only registered as a business name.

Business name registration does not give you any rights to use that name at all, and no protection from other people who say you can’t use that name..

How do you avoid trademark infringement?

Defences to a trademark infringement claimUsing another registered trademark;Use of own name or address;Use to indicate characteristics of goods or service;Use to indicate intended purpose of goods or services;Honest concurrent use; and.More items…•

Can you change the owner of a trademark?

How to update ownership information. To transfer ownership or update your information to reflect a legal name change: Use Electronic Trademark Assignment System (ETAS) to request the change. If you’re filing a TEAS form within the next week, you may need to manually update the owner information on the TEAS form.

Can I sue someone for using my trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Are trademark engines good?

The bottom line is that the trademark monitoring service offered by Trademark Engine will do you no good unless you can actually afford to take legal action against potential infringers. Of course, Trademark Engine forgets to tell you that part.

Can a person own a trademark?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. … A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc.

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

Can two companies have same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

Can an LLC own a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Can a trademark be bought or sold?

How to Sell a trademark. The selling of trademark does not mean selling of the company. … 1) Assignment Deed: As any property, may be a car or house is sold by an agreement between the buyer and the seller, the same way trademark is transferred by an Assignment deed between the buyer and the seller.

Can someone steal your trademark?

Even after your trademark application has been approved, people can challenge and steal your intellectual property, using legal means. … When a trademark is issued, the United States Patent & Trademark Office (USPTO) provides the terms and grounds on which the rights may be retained.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

How long does trademark last?

ten yearsYour trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

What happens to trademark when company closes?

Trademark is an intangible asset to a company, like any kind of asset, it is transferable. So, when a company shuts down, the company could transfer all the trademarks in its name to another company.

Can I trademark my stage name?

Yes, you can trademark a stage name that you use to promote or sell your products or services. If a stage name is trademarked then it will prevent another individual from performing similar services under the same name.

Who has the right to a trademark?

Once acquired, trademark rights may be registered with the USPTO. “The Lanham Act gives a seller or producer the exclusive right to “register” a trademark, 15 U.S.C. § 1052, and to prevent his or her competitors from using that trademark, § 1114(1).”

Can you sue someone for using your business name?

Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.

What happens if I use someone else’s trademark?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

How do I protect my trademark?

The 5 Things You Must Do to Protect Your TrademarkDo Your Homework. The USPTO won’t register your trademark if there is a “likelihood of confusion” with another registered trademark. … Prepare and File a Trademark Application. … Respond Promptly to Office Actions or Oppositions. … Monitor Your Trademark. … Maintain Your Trademark.

How do you transfer ownership of a patent?

In a license agreement, the patent owner gives another entity (the “licensee”) permission to use the patented technology, while the patent owner retains ownership. In a patent assignment, the original owner permanently transfers its ownership to another entity.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

Can someone steal your business name?

So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.

What does a trademark protects?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. … This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment.

How much does it cost to trademark a saying?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney’s assistance, the cost averages around $1,000 to $2,000.