Can You Use The Same Brand Name For Different Products?

Can two different brands have the same name?

The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you.

In general, within the same jurisdiction, you cannot have two company names that are the same..

How do I know if a brand name is taken?

Conducting a Trademark Check 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.

Can you use another company’s product in your product?

The general rule is that it’s lawful to incorporate another’s product into yours so long as that other product is not identifiable to your end-buyer — such as by a visible [or smellable] trademark or via the appearance of its unique trade dress [like…

Should company name and product name be the same?

If you’re always going to be a one-product solution then you can use the same name. But if you are ever planning on releasing more products, then that may not be the best route. … But if you’re a product company and you’ve got a ton of different SKUs and require subbrands because they’re in different categories, then no.

Can I use the word uber in my business name?

“Uber is not a unique name; it is not a unique word. … “Secondly often businesses will have their name protected by a trademark, hopefully registered but sometimes unregistered or common law trademarked.”

How do I know if a brand name is taken on Amazon?

If you want to know if a trademark is registered, you go to the USPTO TESS system and do a search for it. In the world of Amazon, they don’t distinguish classes. You can have the same name in different classes in USPTO but not on Amazon, same with foreign registered marks.

Can you trademark the same name in a different class?

It’s not even about the separate trademark “classes”, really. … Thus, two different companies can have the same trademark, even for goods/services within the same class, so long as consumers are not likely to be confused about the origin of the goods/services.

Can I use a name for a business that already exists?

DBA name registration applies only at the county or state level. A company can also register its name with the U.S. Patent and Trademark Office. A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state.

How do I make sure my business name isn’t taken?

Use the USPTO’s free trademark database. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

How can I make sure my business name is not taken?

In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.

Can I sell someone else’s product as my own?

Generally, it’s not illegal to resell an item that you have legitimately purchased. Once you have purchased something at retail it is yours to do with as you choose. Manufacturers tend to have little or no control over a product past the first customer they sell to.

Can I modify a product and resell it?

If you purchase a product from its manufacturer – or authorized retailer – it is yours, and you are free to use it and to re-sell it – without obligation to the manufacturer. However, if you modify the product – someone, likely the original manufacturer – might have a patent that covers your modified product.

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 I trademark a name already in use but not trademarked?

If you are using a business name that is the same as another company in your industry, caution is warranted. If you are instead using a name that is the same as another company’s name that offers completely different services or products, there is probably not a trademark issue.

What is brand name and example?

In its simplest form, a brand name is a form of a signature that gives credit to the creator of a particular work or service and sets it apart from those created by others. Two of the main purposes of brand names are: Identification: To differentiate a particular product or service from other like or similar brands.

What is the difference between brand name and business name?

A brand name is the name that you use to identify the family of products or services that you offer or a single line of products or services that you offer. … In this example, the business name and brand name are the same. However, a business name and brand name don’t have to be the same. Many companies have many brands.

What makes a brand name good?

Developing a great brand name—one that is distinctive, memorable, easy to pronounce and emotionally appealing—is a critical element in creating a successful new brand. They can help create brand awareness, increase brand preference and build brand loyalty. …

Can logos be used without permission?

You need permission to use a logo unless it is for editorial or information purposes, such as when a logo is used in a written article or being used as part of a comparative product statement. … A person or company should never use a trademark or logo without written permission from its owner.