Can a registered trademark infringe another registered trademark?

By River Braun, J.D. Someone with a registered trademark can in fact be sued for infringement. It prohibits a company from using a mark already in use in commerce for similar goods or services because doing so can cause consumer confusion and loss of goodwill that the trademark owner already enjoys.

How do you protect a trademark internationally?

You can apply for international trademark protection by filing an MM2 form, which is available on the WIPO website. Then, you can submit a hard copy to the U.S. office. There are 113 countries that currently offer protection under the Madrid Agreement, including China, France, Italy, Australia and the European Union.

Can you register a business name that already exists?

In many instances, you can register the same business name in your own state, or in any other state, so long as it is not in the state where the business name already exists. This practice is typically accepted for many types of small, local businesses.

Can two companies have the same name in different countries?

So, your company can have the same name as another company, and vice versa, with no claims of trademark infringement. However, if your business is using a company name that’s the same as another incorporated company, there could be grounds for a legal dispute, and you may not be able to legally use the business name.

What happens if someone sues you for trademark infringement?

What will happen if someone sues me for trademark infringement. 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.

Can I use a company name as a trademark?

First, naming your company something does not necessarily constitute use of that name as a trademark. However, because you sell goods or services under that name, it might make the origin of your products confusingly similar to theirs. It might also result in trademark “dilution” even if it is not found to be a direct infringement.

Can a local company register a trademark in another country?

But if the company is just a local company, it should not stop you from registering your trademark in your country. Keep business at full speed while staff recharge. Hire in-demand talent to keep projects moving.

What are the remedies for trademark infringement in the UK?

If the trademark owner is able to prove infringement, available remedies may include the following: a court order (injunction) that the defendant stop using the accused mark;