Well the answer is very simple. If you start using a brand name or logo for your goods and/or services and have not conducted a trademark search and/or filed to register your mark with the United States Patent and Trademark Office (“USPTO”), you’re taking a huge risk.
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Can you use a phrase that is not trademarked?
Only a phrase that is used for a commercial purpose may be trademarked. You can’t trademark a phrase just because you like it and don’t want anyone else to use it. You must be using the phrase or intending to use the phrase in connection with the sale of goods or services.
Can I use a name for a business that already exists?
Can I use a business name if it exists in another state? All may not be lost. You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn’t violate trademark rules. This is common practice for smaller local businesses.
Can I use Disney in my business name?
Short Answer: Yes. Disney is a famous mark meaning you are unlikely to be able to use it for any purpose, even if it is something Disney is not even remotely associated with.
Can I put a Nike logo on a shirt for personal use?
In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission.
Can 2 business have the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
Can my business have the same name as another?
When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours. If you want to protect your business name across all states, you will need to trademark it.
Can my business name be similar to another?
If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.
Can I use the name Cinderella in my business name?
Burdick. Cinderella is a word which has been recognized for decades as a mark identifying an entertainment event. That use in commerce created the word Cinderella as a Trademark. Regardless of a Federal Registration, the…
Can you sell Mickey ears on Etsy?
What they do own the rights to is Mickey Mouse and Minnie Mouse. So, while ears are okay, the silhouette (including the head of the mice) is not okay. Likewise, anything that resembles the likeness of a character is not okay.
Can I put the word Disney on a shirt?
As answered above, you will need copyright license from Disney, at least. Also, if you also put the word “Disney” or the character’s name with the image (a lot of Disney’s graphics having such texts with the image), you will also need trademark license.
Can I sell shirts with college names?
No, not without infringing the HBCUs trademark rights. All college’s names (and logos, and official school colors, and mascots, and lettering fonts, etc. etc.) are protected trademarks and “trade dress.” They all sell clothing with their names…
Can I use Gucci logo?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
How do you avoid copyright infringement with T-shirts?
Five Tips to Avoid Copyright Infringement
- Check material for its copyright before using it.
- Find non-copyrighted materials.
- Pay for designs.
- Change existing designs to make them your own.
- Create your designs from scratch.
How do I check if a name is trademarked?
You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center and choose “Search trademarks.” Then follow the instructions you see on the screen.
Is my business name copyrighted?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
Can someone trademark my business name?
The short answer is—in theory, yes, but in reality, no. If you don’t have a trademark on your name, someone else can research the United States Patent and Trademark Office (USPTO) database and find an available name. They can then trademark it.
What do you do if someone copies your business name?
If you notice someone is copying your business name, logo, or content, reach out and let them know first. This doesn’t have to be a harsh interaction. In fact, you can send a pleasant email, giving the person notice that they are “infringing on your intellectual property” and that you would like them to stop.
How do I protect the name of my business?
Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.
When should I trademark my business name?
In most cases, the best time to file a trademark application for your business name is right after you’ve filed paperwork to form your LLC or corporation. By doing this before your business officially launches, it protects the name for commercial use once you’re up and running.
Can two LLC have the same name?
Yes, multiple LLCs in different regions with the same name is not at all uncommon or illegal. The other company is likely right. If they registered the name and were the first user in commerce…