Can There Be Two Trademarks With The Same Name?

How much does it cost to trademark a saying?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class.

If you need an attorney’s assistance, the cost averages around $1,000 to $2,000..

Can you sue someone for using your 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.

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.

Can someone steal your business name?

So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.

Can you have multiple trademarks?

Only one mark per application It should come as no surprise that one trademark application can cover only one mark. In other words, you may not register multiple trademarks in a single application. What may be more tricky to discern is whether a logo contains multiple marks.

Can you sue someone for using your business name?

Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.

How much is it to trademark your business name?

You can apply for a trademark directly with the U.S. Patent and Trademark Office, and in most cases, the filing fee is $275. You can also have a commercial firm file your trademark for you for an additional fee. There are advantages and disadvantages of each method.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

Can you trademark a name that is already in use?

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.

What happens if someone trademarks your 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 you add classes to a trademark?

Unfortunately, it is not possible to add a class to a registered trademark and neither to add further products (or services). … When a trademark application is filed, it is mandatory to choose one or more classes (of products and/or services).

Can an LLC own a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Can two trademarks have the same name?

The marks that a business uses in the course of conducting its business include the business name, logo and slogan. When these marks are registered with the United States Patent and Trademark Office, they are called trademarks. … It is still possible for two different businesses to have similar names are marks.

Do I need an LLC if I have a trademark?

To register a trademark, you’ll need to file an application with the U.S. Patent and Trademark Office. … If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC.