Can you get in trouble for using a trademarked name?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. When a trademark is registered with the U.S. Patent & Trademark Office (USPTO), the trademark owner can enforce its mark across the United States.

Can I use the same trademarked name?

Yes, the similar word mark as Trademark can be registered in different industries. The rule regarding the infringement of the trademark is that the customer should not get confused between the identities of the product of the trade mark and the product having the same mark like trademark.

Is it illegal to use someone else’s trademark?

Properly attributing the trademark to the owner is the main way to identify trademark permission. Filing for a trademark protects your intellectual property from being stolen or copied. Using someone else’s trademark is against the law, and that use comes with legal rights.

What happens if I use someone else’s trademark?

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. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

How much does it cost to use someones trademark?

The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

Is the Nike logo trademarked?

Trademarks are usually made for names, symbols, catchphrases, figures, and lyrics. For example, the Nike swoosh symbol, the phrase “Just do it” and the name Nike are trademarked. In essence, Nike has three separate trademarks for its symbol, slogan, and name.

How do you check if a name has been 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 at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

Is a trademark a brand name?

According to the United States Patent and Trademark Office (USPTO), “A trademark is a brand name.

How can I use a trademarked word/name/symbol without trademark infringement?

Some ways that you may use the word/name/symbol while avoiding trademark infringement include: Under the Fair Use doctrine a trademark may be used without permission for commentary or criticism as long as the purpose of the use is not the same purpose of the trademark (e.g., using the name the New York Times for another newspaper).

What should I do if another company uses my trademark?

If another company is using your trademark, ask yourself if a customer is likely to confuse that business with your own. The next factor to consider is location.

What happens if someone sues you for trademark infringement?

What will happen if someone sues me for trademark infringement. A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances.