Ad
related to: can i use someone else's trademark for free business searchPay Only After Acceptance! File your trademark online, fast and secure. Best support. Register your trademark today, pay when approved. No Immediate Cost, Expert Assistance
Search results
- Understanding trademarks. To succeed in the business world, you need to send the right message and develop the right image. If people cannot pick your products or services out from the crowd, they might work with another person or company that is easier for them to notice.
- Filing a trademark application. Preparing a trademark application. A complete application includes: the name and mailing address of the applicant. a representation or description, or both, of the trademark.
- Registering a trademark outside Canada. Registering your trademark with the Registrar protects your rights in Canada only. If you wish to market goods or services in other countries, you should think about getting trademark registration(s) there as well.
- Expungement of a trademark registration. When someone registers a trademark, they gain a very valuable right. However, they can lose that right (expungement, or removal, from the Register of Trademarks) unless they carry out specific responsibilities.
- What Is A Trademark?
- The Fair Use Defense
- Different Kinds of Nominative Fair Use
- Consult A Trademark Attorney
A trademarkis a distinctive word, phrase, design, or combination of these features that's used to identify and distinguish products or services in the marketplace. A trademark indicates the source of the particular goods or services. When you register a trademarkwith the United States Patent and Trademark Office(USPTO), you (as the trademark owner)...
If someone's use of a trademark is considered "fair," then there might not be any kind of dispute over it. If there's a dispute, then the user can hold up the defense of fair use. Federal law—specifically the Lanham Act—and the courts have defined what's considered fair use. They allow for two main types of fair use: descriptive fair use and nomina...
The Lanham Act and the courts have recognized a number of situations where nominative fair use can apply to claims of trademark infringement and trademark dilution.
If you're considering using another person's trademark without their permission and are unsure if your use qualifies as fair use, you should reach out to a trademark attorney. They can help you determine whether your specific use is lawful and provide guidance on what qualifies as fair use. If you've received a cease-and-desist letter from a tradem...
The trademark owner is responsible for using the trademark on the goods and services covered in the registration. Keep evidence of the use on an ongoing basis. Otherwise, your competitor may argue that you have abandoned your trademark due to non-use. Your competitor may also request that the Trademarks Office expunge your trademark if you ...
Even when it is legal to use an existing business name, it can be a disastrous marketing mistake. There are a few places you should check to see whether a name is taken: Search the Internet. The easiest way to check if someone else is already using your proposed name is to search the Web.
This means you can get a trademark even if someone else is using your business name. This doesn’t mean the person using your name first isn’t without legal rights. If the business who used your name first decides to file for trademark protection later, and learns about your application, they could take legal steps to cancel your trademark.
The bulk of the Regulations lay out the process to submit an application for the registration of a trademark, including filing requirements and acceptable amendments. Another part of the Regulations deals with trademark opposition proceedings, where a third-party can oppose someone else’s trademark application.
People also ask
Can you use a trademark without permission?
Can a business name be trademarked?
Can someone else get a trademark before I do?
Can I use someone else's trademark?
Is it safe to use a business name and get trademark rights?
What happens if a business uses your name first?
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.
