With so many businesses and brands out there, it’s common to come up with the same name as someone else. So, you may be asking yourself “Can you get a trademark if someone else is using your name?” and as a trademark attorney I can tell you the answer is yes in some circumstances. Allow me to explain:
Many people are surprised to know that you can have two trademarks with the same name. This is allowed under trademark law so long as these names do not create a likelihood of consumer confusion that the two brands are related. For example, Delta Airlines and Delta Faucets both use the name Delta. These two trademarks are allowed to have the same name since consumers are not likely to think that the airline company also makes faucets for kitchen sinks.
If you are interested in getting a trademark for a name that someone else has a trademark, there is a legal solution to explore. As a trademark lawyer for the last fifteen years, we can conduct a trademark clearance search to assess your chances of getting a trademark for the same name.
We start by visiting the United States Patent and Trademark Office website and conducting a search for your exact name and similar variations of that name. During that process, we will usually locate the other trademark that has the same name as yours. But we will look further into the specific types of goods and services associated with this trademark to see if they are reasonably different to yours.
We will repeat this process with every other trademark that has a similar name and assess your chances of success. Once we conduct this trademark search and assess the results, we can provide you with a legal opinion of your chances of success and a suggested legal strategy of how you can get a trademark with the same name as someone else. This process can be completed within a week so you have the answers you need quickly.
If you want to start a company but your name is taken by someone else, you are not out of luck. The Social Media Law Firm can help you determine whether you can have a trademark even if someone else is using the name. Contact our trademark law firm for a free consultation today.
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