Can I Get a Trademark if Someone Else is Using the Same Name?

You didn’t get a trademark for your business, and now someone else is using your name. Bummer. Luckily, you can still apply for trademark protection for your brand, but there are a few things to keep in mind.

First, whoever applies for the trademark first gets priority and much stronger legal rights. So, even if there’s another business using your name, you can still file for a trademark as long as they haven’t already.

Next, you can still apply for a trademark if someone else has a similar business and works in a similar industry.

And finally, even if someone else has a trademark on your name, you can still get protection if you are in a different industry or work with creative trademark lawyers.

Getting a trademark for your business is more important than you think, and it can protect you from unscrupulous competitors. But, there’s no time to waste. The longer it goes before you file for trademark protection, the better chance your competition has to file for a trademark before you. Don’t let that happen!!! At The Social Media Law Firm, we want to help. Contact us today, and let’s work together to make sure your brand has the protection it needs.

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[LindaTheGermanShepherd]

thanks so much, I was really scared about that, thanks so much

[orenbishop]

I guess my other question would be, since Trek trademarked the word Trek, is it illegal for me to use the word Trek in my name. It will not just be Trek however it’ll be as states “Trek Fitness” or “TacTrek” or am I not even allowed to have trek in my name

[ljanel]

Hello, Im not sure if this is a legal question and I'm hoping you can help. If there is an item that is under trademark and you see a way to improve that item can you make adjustments and then apply for a new trademark or would that be more of a patent question? Thank you for any info you can provide 😊

[gamingwithpython]

Quick question, know I’m a bit late haha. If someone has a domain using the name you are using for your product, who has rights of the product name? And if they are in the trademarking process but I have been using the product name who has the rights then? Thank you :)

[Desiklown]

hey thanks! I am panicking. I sell on Amazon. I recently started private label and I trademarked a name but now I see that there is already a company using the same name but are not trademarked. They sell in the same niche but not the same product i am. Can I get away this? I 've already spent a lot of money getting the trademark and on the product! HELP ME PLEASE

[zakiahsamuel]

If I add a full stop to the end of a name that is trademarked(and they sell apparel as well but in a different sub niche as well as a lot of other stuff) will the trademark be accepted. Or if they use all uppercase in there name and I only use will that allow the trademark to be accepted.

[hannahabajebekowei]

but I was served just for a similar name

[orenbishop]

Hello sir I wanted to ask you a question, if I wanted to start a business called “Trek Fitness” and I had no association with bicycles like the company “The Trek Bicycle Company” would I run into problems? Even if I distinctly had no affiliation with them? They do in fact have a trademark and are known world wide.

[michaellott]

I have a similar situation as @desiklown is there any hope?