General Trademarked name protection question

[Tomboy2]

What is the name of your state (only U.S. law)? Fl



Hello everyone!

I have a general question that I am hoping to get some advice on. I have been in business for a few years now and I feel the need to trademark my name. I am not worried at all about registering the name. What I am concerned about is someone coming in behind me and changing the spelling or using removing/using a space. I use a word and one number in my business name. Example would be "brand 1" as my business name. I am worried about someone using the name "brand one" or "brand1".

So my question is, can someone just spell of the number ("one" instead on "1") and use the name legally? Also can they just remove the space and use the name that way (exp. "brand1")

Any advised would be very much appreciated. I am manly trying to figure out if its worth it to trademark multiple names, just one, or none at all.

Thanks!

 

[quincy]

What is the name of your state (only U.S. law)? Fl
Hello everyone!

I have a general question that I am hoping to get some advice on. I have been in business for a few years now and I feel the need to trademark my name. I am not worried at all about registering the name. What I am concerned about is someone coming in behind me and changing the spelling or using removing/using a space. I use a word and one number in my business name. Example would be "brand 1" as my business name. I am worried about someone using the name "brand one" or "brand1".

So my question is, can someone just spell of the number ("one" instead on "1") and use the name legally? Also can they just remove the space and use the name that way (exp. "brand1")

Any advised would be very much appreciated. I am manly trying to figure out if its worth it to trademark multiple names, just one, or none at all.

Thanks!

When you start using a particular name or logo or slogan to identify your business, its products or services in commerce, you begin to gain rights in that name, logo or slogan. The more you use a business identifier, the more consumers there will be who will identify you by these business trademarks. The greater consumer connection there is between your trademark and the business products or services you offer, the more rights you gain.

With greater rights, you have a greater ability to prevent others from using the same or confusingly similar names to identify their own products or services, especially if the others are using these names in a similar business field or on similar business products or services.

That said, anyone can name a company or a product or service anything they want. They may not be able to federally register the same or similar name as one already in existence and registered, but they can use the same or a similar name until their use of this name is challenged by the first user or a registered user.

You cannot, in other words, prevent someone from using the name you have chosen for your business or product or service on their own business, product or service. You can only challenge their use.

Registering your name provides some added benefits but in the U.S. registration of a trademark is not necessary to have rights in a name. It is the use in commerce of the trademark that gives you the rights.

 

[Tomboy2]

Thank you for your response. I am not sure I understand the need or benefit of trademarking my name when someone can use it and offer the same services. I know I can't go use the name ****, eBay, amazon, ext, so why can someone do that with a name that I trademark? Does the protection only come into play when you have a nationally recognized name?

I understand the fact that someone can register any business name they choose (with the state). But if the name is trademarked they should not be able to offer the same goods and services under that name, even if its not a popular brand/ name.

I guess I had a different understanding of trademarking a name. I really don't see the need to trademark a name if someone can use the name anyway.

Thank you so much for the advice.

 

[quincy]

Thank you for your response. I am not sure I understand the need or benefit of trademarking my name when someone can use it and offer the same services. I know I can't go use the name ****, eBay, amazon, ext, so why can someone do that with a name that I trademark? Does the protection only come into play when you have a nationally recognized name?

I understand the fact that someone can register any business name they choose (with the state). But if the name is trademarked they should not be able to offer the same goods and services under that name, even if its not a popular brand/ name.

I guess I had a different understanding of trademarking a name. I really don't see the need to trademark a name if someone can use the name anyway.

Thank you so much for the advice.

The name you've chosen for your business, product or service is trademarked as soon as you start using it to identify your business, product or service. It is not really something you have to do. A trademark is just an identifier to distinguish your business from others.

You gain protection for your trademark/name/business identifier through the use of it. Your mark can become "famous" when the consuming public starts to recognize your business, product or service by its name.

For example, McDonald's is recognized as a fast food restaurant worldwide, but it did not start as a famous restaurant. It took time for the restaurant to build up its identity so that now when someone says "McDonald's," everyone knows the person is referring to the fast food restaurant.

But there can be other "McDonald's." Nothing really prevents someone from naming their hardware store or their used car business McDonald's. And, if consumers are not confused into thinking that the hardware store or the used car business is the fast food restaurant, then there is not a problem with the other businesses using the same name. A person would be unable to name their restaurant McDonald's, however, without the famous McDonald's threatening a costly trademark infringement suit.

You are right that someone offering the same goods or services should not be able to name their business the same as another. And, if the first business to use the name in commerce has federally registered their name, then the second like-business will not be able to federally register theirs. The two like-businesses would be too easily confused with one another.

If someone decides to go ahead and name their small business eBay or Amazon, despite the large famous businesses that already exist with those names, the original eBay or Amazon can (and probably would) sue for trademark infringement. So the wise person who is starting a business will choose a name for their business that is unique to them alone. Then they market their business so that people start to connect the name they have chosen with their business.

Trademark law is a lot more complicated than this, of course, but basically all you need to do is come up with a (preferably unique and original) name for your company and use it to identify your company and you have a trademark. It will then be left to you, as the trademark owner, to protect your rights to the mark by making sure no one else uses it or infringes on your rights in the name.