Can I Trademark a Name Already Being Used?

YES (Mostly)!

Trademarks are generally considered an area of the law (well, like much of the law) where everything falls into a grey area. Such is the case with trademarking a name already being used. When a name is already in use by another company, you can trademark it under certain circumstances. Typically, if the company already using the name is in a completely different industry than you, you will probably be able to trademark the name for your own use. For example, if one company is making tires and you’re operating a beauty parlor, there’s probably not going to be any crossover in the products and services of the companies such that the public would be confused as to which company provided them with their goods and services. However, if your company and the current owner of the trademarked name are in similar or the same industries, you will definitely not be able to trademark your company’s name.

If you have an idea for a business, product or service name, but you’re concerned because it’s already in use, contact us today to speak with trademark attorney Eric Norton to discuss the importance of a thorough trademark search to determine if you can also trademark the name that is already in use.

Trademark Registration by The Law Office of Eric Norton

Personal Service

All work for our clients is personally done by trademark attorney Eric Norton. No paralegals. No secretaries. No associates.

Flat Fees

Our trademark registration services are just one flat fee (plus the applicable government filing fees) so you always know what you’re getting up front.

Easy as Pie

You tell us what to trademark, provide us proof of use (or your intent to use), and we do the rest so you can get back to running your business in no time.

Have a Question? Ready to Get Started?