Can I Get a Trademark if Someone Else is Using the Same Name?

You didn’t get a trademark for your business, and now someone else is using your name. Bummer. Luckily, you can still apply for trademark protection for your brand, but there are a few things to keep in mind.
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.
Next, you can still apply for a trademark if someone else has a similar business and works in a similar industry.
And finally, even if someone else has a trademark on your name, you can still get protection if you are in a different industry or work with creative trademark lawyers.
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 us today, and let’s work together to make sure your brand has the protection it needs.
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Пікірлер: 26

  • @nIrUbU01
    @nIrUbU01 Жыл бұрын

    Thanks, short and to the point!

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    Жыл бұрын

    Thanks so much!

  • @LindaTheGermanShepherd
    @LindaTheGermanShepherd9 ай бұрын

    thanks so much , I was really scared about that, thanks so much

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    9 ай бұрын

    My pleasure. Feel free to reach out if we can help in any way!

  • @galavonni
    @galavonni3 жыл бұрын

    very helpful, thank you!

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    2 жыл бұрын

    Our pleasure!

  • @hannahabajebekowei1590
    @hannahabajebekowei15903 ай бұрын

    but I was served just for a similar name

  • @ljanel313
    @ljanel3138 ай бұрын

    Hello, Im not sure if this is a legal question and I'm hoping you can help. If there is an item that is under trademark and you see a way to improve that item can you make adjustments and then apply for a new trademark or would that be more of a patent question? Thank you for any info you can provide 😊

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    8 ай бұрын

    Thanks for reaching out! This would be a patent issue. A trademark protects the brand (name, logo, tagline, etc) but improving an existing product would be covered by patent law. I recommend consulting a patent lawyer to see if your adjustments would be allowed under the law. And if you need help getting a trademark for the adjusted product, we'd be happy to help. In the meantime, feel free to subscribe for more trademark tips!

  • @orenbishop2434
    @orenbishop24348 ай бұрын

    I guess my other question would be, since Trek trademarked the word Trek, is it illegal for me to use the word Trek in my name. It will not just be Trek however it’ll be as states “Trek Fitness” or “TacTrek” or am I not even allowed to have trek in my name

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    8 ай бұрын

    Thanks for reaching out again, Oren. Unfortunately, I am unable to provide you with legal advice through these comments. I invite you to schedule a consultation with our firm to discuss your specific situation. With that said, It is possible for two brands to use the word "Trek" in their name without creating trademark infringement if the names can be used in a way that will not likely create consumer confusion. This will require a more in depth legal analysis and legal research through the form of a trademark clearance search to reach a reliable answer. If that would be of benefit to you, I recommend sending us a message at Trademarks@TheSocialMediaLawFirm.com to schedule a consultation. Also, please feel free to subscribe to the channel for more legal tips as we release videos on trademark law often.

  • @gamingwithpython9573
    @gamingwithpython95734 ай бұрын

    Quick question, know I’m a bit late haha. If someone has a domain using the name you are using for your product, who has rights of the product name? And if they are in the trademarking process but I have been using the product name who has the rights then? Thank you :)

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    4 ай бұрын

    Thanks for reaching out again, Oren. Unfortunately, I am unable to provide you with legal advice through these comments. I invite you to schedule a consultation with our firm to discuss your specific situation. With that said, 1. owning a domain does not give you trademark rights. Two companies can use the same name - and even have trademark rights to the same name - even if one owns the domain name. 2. Usually, the first person to use the name has more trademark rights. With that said, someone who started using the name later can still file for trademark protection if the first company did not or if they sell different goods/services. Hope this helps!

  • @Desiklown
    @Desiklown Жыл бұрын

    hey thanks! I am panicking. I sell on Amazon. I recently started private label and I trademarked a name but now I see that there is already a company using the same name but are not trademarked. They sell in the same niche but not the same product i am. Can I get away this? I 've already spent a lot of money getting the trademark and on the product! HELP ME PLEASE

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    Жыл бұрын

    I'm sorry to hear you've been experiencing this! I cannot provide you with legal advice here, but I can supply general information. The first question a trademark owner should sort out is whether the other company began using their name before the date of first use that the trademark owner listed on their application. If they began using the name after that date, you could take steps to stop them. The steps to take could include (i) filing a take-down notice on the platform they are using, (ii) sending a cease and desist letter, or (iii) filing a lawsuit for trademark infringement. If you would like to discuss your specific situation, please contact our office for a consultation at info@thesocialmedialawfirm.com - I hope this information helps!

  • @zakiahsamuel5850
    @zakiahsamuel5850 Жыл бұрын

    If I add a full stop to the end of a name that is trademarked(and they sell apparel as well but in a different sub niche as well as a lot of other stuff) will the trademark be accepted. Or if they use all uppercase in there name and I only use will that allow the trademark to be accepted.

  • @zakiahsamuel5850

    @zakiahsamuel5850

    Жыл бұрын

    Also great video

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    Жыл бұрын

    Thank you! While I cannot provide legal advice on your specific situation, I would normally say that names that are confusingly similiar in the same general category of goods or services will likely not be accepted when small changes are made to punctuation or capitalization. Those names would still be "likely to cause confusion" with the trademark owner as they would be confusingly similiar. I hope this general information helps, and I would be happy to discuss your specific situation further on a consultation.

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    Жыл бұрын

    @@zakiahsamuel5850 Thank you!

  • @orenbishop2434
    @orenbishop24348 ай бұрын

    Hello sir I wanted to ask you a question, if I wanted to start a business called “Trek Fitness” and I had no association with bicycles like the company “The Trek Bicycle Company” would I run into problems? Even if I distinctly had no affiliation with them? They do in fact have a trademark and are known world wide.

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    8 ай бұрын

    Thanks for reaching out, Oren. Unfortunately, I am unable to provide you with legal advice through these comments. I invite you to schedule a consultation with our firm to discuss your specific situation. With that said, two companies can use the same word in their names if use of both names would not be create a likelihood of confusion with potential consumers. To provide you with a legal opinion, a trademark attorney (like me) would conduct a trademark clearance search to see what companies use the name "Trek" in connection with sporting goods/fitness. Once that information is canvassed, we could determine whether there are other brands in the fitness space that also use Trek and how the trademark office analyzed those similiar applications. We'd be happy to help you with this process to see whether your name is safe. Feel free to send us a message at Trademarks@TheSocialMediaLawFirm.Com. Also, please feel free to subscribe to the channel for more legal tips as we release videos on trademark law often.

  • @orenbishop2434

    @orenbishop2434

    8 ай бұрын

    @@TheSocialMediaLawFirm wonderful! Thank you so much for this! I appreciate your time! I will subscribe for future information!

  • @michaellott8722
    @michaellott872211 ай бұрын

    I have a similar situation as @desiklown is there any hope?

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    11 ай бұрын

    Possibly! Shoot me an message with the situation and we can evaluate: trademarks@thesocialmedialawfirm.com

  • @michaellott8722

    @michaellott8722

    11 ай бұрын

    @@TheSocialMediaLawFirm is this a email address?

  • @TheSocialMediaLawFirm

    @TheSocialMediaLawFirm

    11 ай бұрын

    Yes @@michaellott8722