Both promote goodwill related to the company’s products and/or services and protect consumers by informing them of the origin of the goods and/or services. The benefit of a registered trademark to a businessman has been proven. Registration gives the holder the right to control his trademark without having to prove the market reputation of the goods and/or services associated with the trademark.
Trademark registration requires that it stands out from other products and or services in one area. It must not be substantially identical or fraudulently identical to a trademark registered or applied for by another person in connection with similar goods and/or services.
A business name is not a trademark
And the business name or the company registering the business name must search for trademark applications and registrations before registration. Such searches have their limitations as they do not reveal generic brands. However, there are professional brand verification services that provide more comprehensive results.
Since a business name and or business name are not registered trademarks, a person considering registering a name should endeavor to search for all prior common rights and registered trademarks both domestically and internationally.
As mentioned above, just because a company
Name isn’t technically a trademark doesn’t mean that the company name and/or company name can eventually serve as a trademark. There is no one place to look for all conflicting general law firms, corporations, trade names, trademarks, and unregistered trademarks.
There is no guarantee that another company has not already adopted the name as an unregistered trademark. In most countries, trademark law recognizes the existence of rights to a previously acquired name. If there is evidence of a trademark either based on registration or previous use, a thorough investigation must be carried out before the trademark is registered. Your questions may include whether the company is in the same industry, in the same geographic location, whether it has the same or similar marketing channels, whether the company sells the same or closely related products or services, and whether the company sells to the same customer base.
The most important thing you should try to figure
Out is whether customers are likely to confuse your company with another company’s products or services. If there are any overlaps, you need to be very careful because you risk potential legal action and spend a lot of money, time and effort building a brand only to risk being sued and rebuilt under a new name.
Another company in your industry that already uses the same name in the same geographic area probably has better rights to the name if it uses the name publicly, even if it is official, but has not applied for trademark registration. You would think that one company would be indifferent to what another company in a faraway part of the world is doing. But since the advent of the Internet, the concept of place has taken on a whole new meaning, and trademarks are increasingly at odds with domain names. Instead of being tied to specific industries, companies are now competing to be present on the global stage. Many businesses, even local businesses, have created their own websites, creating competition, confusion and conflict in the marketplace.
Some jurisdictions have a doctrine that allows two trademarks operating
in the same jurisdiction to co-exist, but this is rare. International trademark owners have also been quite aggressive in taking companies to foreign courts, especially if their trademark is well-known or widely known, even if the use of the trademark is not confusing. Since so much business is done online these days, many companies can use their brand name as a domain name so that their customers can easily find them on the Internet.
A company name to domain name cannot be registered as a trademark as such, as it must be associated with a specific product or service before it becomes a trademark. Upon registration, the company can become one or more registered trademarks in one or more categories of goods and/or services recognized in the nice classification system. A company can also acquire generic trademark status if it has a reputation