What do you do if someone trademarks your business name?

With a trademark, you get the legal protection that stops other companies from committing infringement. When you register a trademark, you will be able to: Sue any company that copies your product based on your trademark. Prove your ownership and priority date.

Does a trademark override a business name?

No, but it is prudent to do so. A registered trademark enjoys the protection of the Trade Marks Act 1995 (Cwlth), as well as the protection of the general law. … A business name is the name that the legal entity that owns the business will use to promote the business.

What do you do if someone uses your business name?

If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.

What rights does a trademark give you?

A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.

Can I trademark a name someone else is using?

A registered trademark offers legal protection to unique logos, designs and names your business uses. You can’t file to register a trademark that someone else is already using if they used the trademark first.

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How do I make sure nobody steals my business name?

To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.

How do you protect trademarks?

The 5 Things You Must Do to Protect Your Trademark

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

How do you dispute a trademark?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

What is trademark secret?

Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed. In general, to qualify as a trade secret, the information must be: commercially valuable because it is secret, be known only to a limited group of persons, and.

Can someone take 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.

Can you trademark a business name that already exists?

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

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