Quick Answer: Can I Trademark A Name Already In Use But Not Trademarked UK?

Can I use a business name that already exists UK?

Your name cannot be the same as another registered company’s name.

If your name is too similar to another company’s name or trade mark you may have to change it if someone makes a complaint.

Your name must usually end in either ‘Limited’ or ‘Ltd’..

Can you trademark a name and logo at the same time UK?

First, you need to search to make sure nobody’s registered a trademark already with the same brand name or branding. … If a brand registers a trademark in let’s say area 42, you can still register the same name in 32; your company must be relevant in that particular field.

Can a word be trademarked more than once?

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.

Can two company have same name?

Under the rules, the phrase ‘identical or nearly identical’ has a specific meaning. If a name is identical or nearly identical to another name, we must not register it. However, the law does not prevent the registration of business names that are similar.

How long does UK trademark last?

10 yearsTrade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards. You cannot renew online if your trade mark expired more than 6 months ago. You might still be able to restore your trade mark by post.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

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.

How much does a trademark cost UK?

How much it costsFeeEach additional classStandard application (online)£170£50Right Start application (online)£200 (£100 up front plus £100 if you go ahead with your registration)£50 (£25 up front plus £25 if you go ahead with your registration)

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.

What words Cannot be trademarked?

However, you can’t trademark:Proper names or likenesses without consent from the person.Generic terms, phrases, or the like.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S. President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs.

Can I sue someone for using my trademark?

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. However, in most cases, trademark owners choose to sue for infringement in federal court.

How do you know if a word is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

Can 2 sole traders have the same name?

You can trade under your own name, or you can choose another name for your business. You do not need to register your name. You must include your name and business name (if you have one) on official paperwork, for example invoices and letters.

Can I use a business name that already exists?

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. To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system.

How do you stop someone from using your business name?

You cannot stop someone using a trade mark, which is the same or similar to yours, just by registering your name with Companies House. It is perfectly plausible that another business has already registered your chosen company (or business) name as a trade mark.