What Cannot be registered as a trademark?
Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.
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 you use a name that is not trademarked?
A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.
What Cannot be registered as a trademark in India?
The registration of descriptive trademarks is prohibited under Section 9(1)(b) of the Trade Marks Act, 1999, unless they are distinctive. Names or surnames cannot be used as a trademark in India if they do not possess a distinctive character.
Who owns a trademark?
Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.
What are the three types of trademarks?
There are three different types of trademarks that can be registered:
- A word or design mark. …
- A certification mark. …
- A distinguishing guise.
Can a saying be trademarked?
Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.
Is Kleenex an eponym?
Proprietary eponyms are another matter entirely. These are general words that are, or were at one time, proprietary brand names or service marks. Kleenex, for example, is a brand of facial tissues, yet the word is used today to refer to facial tissues of any brand. … Some proprietary eponyms are given below.
Can I trademark a name already in use but not trademarked?
If you are using a business name that is the same as another company in your industry, caution is warranted. If you are instead using a name that is the same as another company’s name that offers completely different services or products, there is probably not a trademark issue.
Can logos be used without permission?
You need permission to use a logo unless it is for editorial or information purposes, such as when a logo is used in a written article or being used as part of a comparative product statement. … A person or company should never use a trademark or logo without written permission from its owner.
Can two firms have same name?
A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.
Can 2 brands have the same name?
2 Answers. The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.
What is the difference between trademark and registered?
Registration (Or Registered Trademark)
A registered trademark is designated with the symbol ®. With a registration, a trademark is protected against another company’s use of the name or image. A registered trademark is a federal and legal registration of the mark.
Is logo a trademark?
To print this article, all you need is to be registered or login on Mondaq.com. Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.