What Happens If I Use A Trademarked Name?

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..

How do you determine if a name is trademarked?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

What happens if you use someone’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.

Can I use a word that is trademarked?

A trademark does not mean, however, that no one else can use your word, phrase, or symbol in connection with any and all goods and services. It means only that somebody else can’t use a similar trademark with similar goods or services.

Is Nike Just Do It trademarked?

We all recognize this logo. It goes with three little words – JUST DO IT. Last week, the Trademark Trial and Appeal Board (TTAB) held that Nike’s slogan JUST DO IT is a famous trademark and refused to register the mark JUST DREW IT! for various types of athletic apparel.

What does it mean if a name is trademarked?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

Can I trademark a similar name?

A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

What Cannot be a trademark?

Not having a distinctive character A trademark which does not possesses a distinctive character which can differentiate the goods or services from others. It means a brand name which is already registered or applied for registration, cannot be trademarked. It can create confusion among consumers.

What is considered trademark infringement?

What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

Can I 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 I change a logo and use it?

If you find yourself wanting to use some or all of a company or organization’s logo and you don’t own the company or organization, you will need to get a letter with written consent from the registered owner saying that you have their permission to use the logo in question in your design.

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 do you check if a phrase is trademarked?

Once you have access to the USPTO’s website, click on the trademark tab. Next, click on TESS/ Search Trademark Database. Scroll down the page and click on Trademark Electronic Search System (TESS). To conduct a basic search, simply type in the word(s) that you want to trademark.

What happens if you use a trademark without permission?

United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.

Can logos be used without permission?

A person or company should never use a trademark or logo without written permission from its owner. To get permission, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. … However, even then, third parties cannot use logos without a specific agreement.