Can You Trademark a Name Already in Use?
- Possibly, you might be able to trademark a name that’s already in use if your product or service is different from the existing, registered version, and customers likely won’t confuse the two companies.
Factors Affecting Registering a Name Already in Use
- Distinctiveness plays a role, as unique names are easier to protect.
- Geographical limitations are also key, as the same name may be used in different regions without confusion.
Legal Use of Trademarks
To legally use a mark in business, the correct symbol is required – ® for registered marks, TM or SM for unregistered marks. United States law requires trademarks be unique from others in use. If someone has used a trademark before you, you generally can’t register it yourself. To prevent others using your name, register it as a trademark.
Under US trademark law, marks must be unique from existing ones to get protection. When applying, choose a classification matching your goods or services. Your rights will only cover that category. Two companies can own similar or even identical marks if they identify sufficiently different products in separate markets with consumers not being confused.