Introduction
Using another person’s trademark, brand name, or logo has been against the law since the country’s inception. However, courts have dealt with issues such as whether it is permissible to put someone else’s name on a product or service without that person’s consent throughout the years.
You can use a brand name without registering it as a trademark, but you may be breaking the law.
You can use a brand name without registering it as a trademark, but you may be breaking the law. A trademark is a type of intellectual property that safeguards brand names and logos. Trademarks are used to prevent customer misunderstanding when they believe they are purchasing items from various firms when they are not.
Before it becomes effective, you must apply for trademark with the USPTO (your application will be examined), which means that your firm has formally filed its intentions with the government so that others know what you have done and cannot do in the future (you can get extensions).
You can be sued for trademark infringement under trademark law if your use of a brand name causes uncertainty about who created the product or provided the services. The first person to utilise a trademark in commerce may register it with the United States Patent and Trademark Office (USPTO).
It’s worth noting that there are several methods for firms to avoid being accused of infringing on other companies’ trademarks without really doing anything unlawful, such as using descriptive phrases instead of names like “Apple iPhone 8 Plus.” However, most firms don’t have the time or resources to deal with these issues right now, so it’s better to put them off until things have calmed down!
A trademark may be registered by the first person to utilise it in commerce.
It is critical to understand that the first person to utilise a trademark in commerce has the right to register it. It’s also crucial to understand that just because you have a registered trademark doesn’t mean you possess the rights or interest in your registered mark.
The United States Patent and Trademark Office (USPTO) has its own rules regarding who can file a trademark application on behalf of another party and what information they require from them before granting registration, as well as other requirements specific to trademarks I such as anniversary dates; ii) when trying again after being rejected; iii) if there are any pending applications against yours currently being processed by another office; and iv) whether there are any pendent applications against yours
If you use a word in your brand name, such as “Apple” in the Apple iPod, this is an identifying feature of your product or service that is protected by trademark law.
The use of a term as part of the name of a trademark will be protected if it has gained secondary significance to identify the source of products and/or services. Consumers have come to recognise and link the mark with just one source; as a result, they associate items with certain corporations depending on their branding efforts. As an example:
Coca-Cola: When consumers buy Coke, they know exactly what they’re getting since everyone knows it’s Coke! Before Pepsi, the name “coca” was so widely used that people would consider buying coke even if there was another option (like Pepsi). This demonstrates how well-known Coca-logo Cola’s has become through time, despite the fact that it wasn’t always just “Coke.”
If you have obtained trademark registration with the USPTO, you have the right to prohibit others from using any confusingly similar marks that might lead customers to believe they are purchasing products or services carrying your mark.
Even if they are not offering the same goods or services, you can utilise your trademark to prevent others from using confusingly similar marks. For example, if a person wishes to sell an energy drink under his or her own name but includes your trademarked phrase in the product’s name (e.g., “Energy Drink”), he or she may face judicial action by mailing cease-and-desist letters asking that he or she stop using this word immediately!
Courts will assess how similar two marks’ sounds and looks are; what sort of products or services each one represents; and if there is any link between those goods or services (such as both being related to computers).
In rare situations, a court may rule that a mark that is sufficiently similar to yours has grown so prevalent that it has lost its individuality. For example, if Apple sued Samsung for using an apple emblem on its phones but then changed to using only an oval form with no fruit inside—and then sued again once Apple unveiled its current product line—you could be able to escape legal complications since the public would be misled by this shift.
Under some conditions, using other people’s brand names may be lawful.
If you use the mark as part of your brand name, such as “Apple” in the Apple iPod, this is an identifying feature of your product or service that is protected under trademark law.
If the owner of a renowned name has registered their trademark with the United States Patent & Trademark Office, they can restrict others from using it (USPTO). This implies that if someone uses an unregistered mark, such as “Kleenex,” without the owner’s consent, they might risk legal action from Kleenex’s attorneys!
Conclusion
To summarise, if you utilise someone else’s US trademark filing brand name without permission, you may be breaking the law. However, there are several circumstances in which doing so may be permissible. If you want to ensure that your use of a trademark does not infringe on the rights of others, we recommend consulting an attorney who has knowledge with these types of problems before making any conclusions regarding whether your usage is deemed “fair use” or not.
