Introduction
The concept of using another person’s trademark, register brand name, or logo has been a part of the law since the founding of the country. But over the years, courts have grappled with questions such as whether it’s legal to use someone else’s name on a product or service without that person’s permission.
You can use a brand name without a trademark, but you may be violating the law.
You can use a brand name without a trademark, but you may be violating the law. A trademark is a form of intellectual property that protects names and logos. Trademarks are used to prevent confusion among consumers who might otherwise think they are buying products from different companies when in fact they’re not.
You’ll need to apply for trademark with the USPTO before it becomes effective (your application will be reviewed), which means that your company has officially filed its intentions with the government so others know what you have done and can’t do with it later on down the road (you can get extensions).
Under trademark law, you can be sued for trademark infringement if your use of a brand name causes confusion about who made the product or provided the services. The first person to use a trademark in commerce is allowed to register it with the U.S. Patent and Trademark Office (USPTO).
It’s important to note that there are many ways that businesses can protect themselves from being accused of infringing on other companies’ trademarks without actually doing anything wrong—for example, by using descriptive terms instead of names like “Apple iPhone 8 Plus.” However, most businesses don’t have time or resources available right now so it’s best just not worry about these things until later down the road when everything has settled down again!
The first person to use a trademark in commerce is allowed to register it.
It’s important to know that the first person to use a trademark in commerce is allowed to register it. It’s also important for you to know that if you have a registered trademark, it does not mean that you own the rights or interest in your registered mark.
The U.S. Patent and Trademark Office (USPTO) has its own rules about who can file for an application on behalf of another party and what information they need from them before granting registration as well as other requirements related specifically towards 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; iv) whether there are any pending lawsuits filed against yours currently being processed by another office etc., but these rules don’t apply just yet because this guide focuses solely on trademarks which aren’t related directly with patents or copyrights so keep reading!
If you are using a word as part of your brand name, such as “Apple” in the Apple iPod, then this is an identifying element of your product or service that is protectable by trademark law.
The use of a word as part of a trademark’s name will be protected if it has acquired secondary meaning to identify the source of goods and/or services. Secondary meaning means that consumers have come to recognize and associate the mark with only one source; therefore they identify products with particular companies based on their branding efforts. For example:
- Coca-Cola: Consumers know what they’re getting when they buy Coke because everyone knows it’s Coke! The word “coca” was used for so long before Pepsi came along that people would still think about buying coke even if there was another choice available (like Pepsi). This shows how well-known Coca Cola’s logo has become over time — even though it wasn’t always just “Coke.”
If you have acquired trademark registration with USPTO, you have the right to exclude others from using any confusingly similar marks that could cause confusion among consumers as to whether they are buying goods or services bearing your mark.
You can use your trademark to stop others from using confusingly similar marks even if they are not selling the same goods or services. For example, if a person wants to sell an energy drink under its own name but uses your trademarked term in the product’s name (e.g., “Energy Drink”), then he/she could face court action against him/herself by sending out cease-and-desist letters demanding that he/she stop using this word immediately!
When deciding whether two marks are confusingly similar, courts will consider how close their sounds and appearances are; what type of goods or services each one represents; if there’s any relationship between those goods or services (such as both being related to computers).
In some cases, a court may decide that a mark similar enough to yours has become so common that it loses its distinctiveness. For example, if Apple sued Samsung for using an apple logo on its phones but later switched to using just an oval shape with no fruit inside it at all—and then sued again once Apple released its latest product line—then you might be able to avoid legal problems because the public would be confused by this change.
There are some ways that using other people’s brand names might be legal under certain circumstances.
- If you are using the mark as part of your brand name, such as “Apple” in the Apple iPod, then this is an identifying element of your product or service that is protectable by trademark law.
- The owner of a famous name can prevent someone else from using it if they have registered their trademark with the United States Patent & Trademark Office (USPTO). This means that if someone uses an unregistered mark like “Kleenex” without permission from its owner then they could face legal action from Kleenex’s lawyers!
Conclusion
In summary, if you’re using someone else’s US trademark filing brand name without permission, it’s possible that your use may be illegal. But there are some situations in which it may be legal to do so. If you want to make sure that your use of a trademark doesn’t infringe on someone else’s rights, we suggest consulting an attorney who has experience with these kinds of issues before making any decisions about whether your use would be considered “fair use” or not.
