Quick Answer: How Do I Know If A Company Name Is Trademarked?

How long do Trademarks last in the US?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years.

If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed..

Is my company trademarked?

Trademark Search Check your brand’s name on the national trademark register to see if it already exists. A word, image or phrase could already be registered but in a different classification. If it exists in the same classification of your company’s sector or primary trade description, then you cannot use it.

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.

Should I trademark my game name?

Ideally, you should file your trademark registration before the game is released. That way, your game has maximum protection against clones and other issues that may arise. In fact, you can trademark your game title up to three years before your game is even released.

How do I find out if a company name already exists?

To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system. This search is especially important because failure to check existing trademarks could result in charges of willful infringement of a company’s trademark rights.

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.

Can you trademark a single word?

What Can Be Trademarked? Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

Can I use a company name that already exists?

Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.

Can two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

Can I take over a dead trademark?

A dead trademark will not be used in evaluating pending trademarks. A DEAD trademark means that the trademark has been abandoned or canceled for one reason or another. Technically speaking, a dead trademark is available for use and registration by somebody else.

How do you check if a game name is trademarked?

To do a trademark search, go to the US Patent Office. Also, you need to search on whatever store you plan to use for your game, as there may be apps that use the same name that haven’t registered a trademark.

What Cannot be a trademark?

Not having a distinctive character A trademark which does not possesses a distinctive character which can differentiate the goods or services from others. It means a brand name which is already registered or applied for registration, cannot be trademarked. It can create confusion among consumers.