So, let me guess: you didn’t get a trademark for your business and now someone else is using your name? Bummer. Luckily, there are situations where you can get a trademark even if someone else is using the same name, but there are a few things to keep in mind.
Hi, I’m Ethan Wall. A trademark attorney and founder of The Social Media Law Firm. In this short video, I answer the question “Can I Get a Trademark if Someone Else is Using the Same Name?” in about three minutes. Check it out:
First, whoever applies for the trademark first gets priority and much stronger legal rights. So, even if there’s another business using your name, you can still file for a trademark as long as they haven’t already. So, when in doubt, contact a trademark lawyer to see if someone else already filed a trademark application.
Second, even if someone else has a trademark on your name, you can still get protection if you are in a different industry or provide different services. Trademarks fall under 45 different classes for various categories of goods and services. You can still get a trademark with the same name if the other business is in a different class or even in the same class if your offerings differ.
Getting a trademark for your business is more important than you think and it can protect you from unscrupulous competitors. But there’s no time to waste. The longer it goes before you file for trademark protection, the better chance your competition has to file for a trademark before you. Don’t let that happen!
At The Social Media Law Firm, we want to help. Contact our trademark law firm today, and let’s work together to make sure your brand has the protection it needs.
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