Quick Answer: Can I Register A Trademark In A Different Class?

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..

How do you get a trade mark?

Steps to registering a TrademarkStart the trademark application. … Select who’s registering. … Fill in or retrieve your details. … Enter the basic format of trademark. … Enter a more advanced format of your trademark & upload an image. … Choose a single or series trademark. … Select your class and term. … Supply a disclaimer.More items…

Can I register same trademark in a different class?

The classification system helps the USPTO administer the vast range of trademarks under its authority. Some similar logos or phrases might be properly registered as different trademarks in different classes. This means that they likely can coexist separately without competing, since consumers would not be confused.

Can you add more classes to a trademark later?

Adding a class to a registered trade mark However, once you’ve registered your mark, you can’t expand the scope of protection – you can’t add extra classes or alter the representation of the mark (eg change your logo). You may need to file a new registration to protect your existing trade mark under different classes.

Can you use the same brand name for different products?

And the answer to that is yes because when you register a trademark, you don’t get a monopoly over a word, phrase, or logo itself. … So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that.

Can you sue someone for using your business name?

Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization. Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes.

You may be able to amend your national U.S. trademark registration to cover the most current version of your logo, so long as the new logo isn’t a “material alteration” of the original registered logo. This allows you to preserve your original priority date that is associated with your old registration!

Can two business have the same address?

Answer: Yes, But… To have more than one Google my business listing at the same address, you must be legitimately operating multiple legally distinct businesses. It’s not all that uncommon for more than one business to be located at a shared address but you need to keep reading for more provisions and details.

What is class 41 in trademark?

Class 41 covers mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention.

Can a trademark be modified?

Even if the new mark does not materially alter the character of the existing mark, you can only amend the existing mark if you will use the new mark for the same goods or services. If you will use the mark for different goods or services, you must file an application for the new mark.

Where do I apply for a trademark?

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

How do I change the class of a trademark?

Trademark Modification Procedure The modification application can be filed by applicant in concerned form i.e. TM-M or TM-P with supporting documents. The mode of application can be online or physical filing by payment of prescribed fee. The application once filed will be scrutinized by the registry.

Can you use the same name as another brand?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. Names are doled out on a first-come, first-served basis. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

What happens if two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

Can someone use your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

Can two partnership firms have same name?

Name for a Proprietorship or Partnership company is decided by the promoter themselves and there are no restrictions for the same. … There cannot be two companies on the same name until and unless it is a sister concern company. Each company should have unique name to get registered as PVT LTD firm in Companies Act.

What are the different trademark classes?

Coordinated classes001 Chemicals. Coordinated classes: … 002 Paints. Coordinated classes: … 003 Cosmetics and cleaning preparations. Coordinated classes: … 004 Lubricants and fuels. Coordinated classes: … 006 Metal goods. Coordinated classes: … 007 Machinery. Coordinated classes: … 008 Hand tools. … 009 Electrical and Scientific Apparatus.More items…

Can a trademark be bought or sold?

A trademark sale is possible in India. The owner of any trademark can sell it to any individual or legal entity through the process of trademark assignment. By doing so, the owner can assign the right of his trademark to the individual or entity.