If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.
Can two identical trademarks be registered?
The USPTOThe USPTOThe United States Patent and Trademark Office (USPTO) is the federal agency for granting U.S. patents and registering trademarks.https://www.uspto.gov › about-usAbout Us | USPTO will not issue two or more identical registrations on the same register. If two applications on the same register would result in registrations that are exact duplicates, the USPTO will permit only one application to mature into registration, and will refuse registration in the other application.
Can two companies own a trademark?
Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.
What is a combination trademark?
A combined trademark is made up of more than one component, such as a company's name and logo merged into a single design. ... Your trademark is one of the most valuable assets your business owns. You'll use it in your branding, advertising, packaging, and more.
What is a consent agreement?
Filters. The definition of a consent agreement is an agreement between parties in a court action which solves a dispute. An example of consent agreement is a document stating that one party will stop the contested actions which will, in turn, resolve the lawsuit. noun.
What does owning a trademark mean?
The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.
What does the legal rights of a trademark include?
A common law trademark provides protection for a symbol, logo, product name, or other words or marks that identify the source of goods or services before it is registered with the state or federal government.
How can two different parties have simultaneous rights to use the same trademark?
The concurrent use application prompts action from a court, such as the Trademark Trial and Appeal Board or a federal court. The court must determine whether each parties can use the mark. ... Accordingly, different users may have the rights to the trademark on opposite coasts.
Can two different parties have trademark rights on the same mark?
A concurrent use registration, in United States trademark law, is a federal trademark registration of the same trademark to two or more unrelated parties, with each party having a registration limited to a distinct geographic area.
What is concurrent registration in trademark law and when is it used?
A concurrent use registration permits both users to obtain federal trademark registration, with each registration being limited in such a manner as to prevent any significant likelihood of confusion among potential customers.Mar 17, 2015
Can I register a trademark that is similar?
Similar trademarks can exist, but when registering a trademark, it's important not to use a trademark that's “confusingly similar” to an existing one.
Can two trademarks be the same?
Updated July 1, 2020: “Trademark, same name, same class” is an expression that means more than one business entity registering the same trademark name in the same product and service class with the United States Patent and Trademark Office (USPTO).
Can two companies register the same trademark?
Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business's trademarks when they are conducting business. ... It is still possible for two different businesses to have similar names are marks.Apr 16, 2018