Can Someone Steal Your Trademark?

Can someone steal your brand?

If you have a unique brand name or logo, protect it.

It is a simple thing for someone to snatch it out from under you and claim ownership of it.

Your first step should be to register the name as a trademark.

You can do this online through a number of services or hire an attorney..

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

Can two companies have same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

How long does a trademark last for?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Can you trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can someone steal my business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

Can a company name infringe a trademark?

Search the U.S. Patent and Trademark Office. Even if your business name isn’t directly infringing on another company’s name, you could still be violating another trademark. If a company holds a registered trademark that your company name may be likely to cause confusion with, you could be vulnerable to a lawsuit.

What happens if you steal a trademark?

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. However, in most cases, trademark owners choose to sue for infringement in federal court.

You can get a trademark, service mark, and maybe even a design patent on some manifestations of a logo, but not copyright. If you haven’t trademarked a logo then you cannot prevent someone else from using it. … If you haven’t trademarked a logo then you cannot prevent someone else from using it.

Can I use a trademark without permission?

The United States trademark law as stated in the Lanham Act allows a non-owner of a registered trademark to make “fair use” of it without permission. … This means that using someone else’s logo without permission, even if it’s unregistered, is against the law.

How do I make sure no one can steal my business name?

To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.