Is It Illegal To Use A Registered Trademark In USA


We understand that many of you are already familiar with the issue. But this is a brief reminder for those who may be new to it.

If you use a trademark name that has undergone the process of US trademark registration. You have the right to protect it and stop others from using your brand name. This means that if someone uses your trademarked name without permission or authorization from you. Then they may be held liable for damages caused by their actions. For example: If someone sells counterfeit goods at a store in which they sell genuine products. Then those customers could potentially sue them for copyright infringement (which could lead to triple damages). The same goes for any other type of intellectual property law violation it doesn’t matter if it was intentional or not. Illegal use still counts as infringement!

If you were to design a product, pictured below, and someone else were to use a similar mark. On their product (their own version of it) but with a different name. Or title in their mark, or something very similar to your mark, you would have a claim to a trademark.

As an example: if I put my name on the side of my car and then someone else decided that. They wanted to call their brand “My Car”, then I would probably not be able.T o stop them from using that name for their cars.

Patent and Trademark

About the USPTO: The United States Patent and Trademark Office (USPTO) is an agency of the. Department of Commerce that is responsible for granting patents for inventions, trademarks, and copyrights.    For more information about this release, contact,  Media Relations: Tracy Young-Smith/202-272-4316/toryoungsmith@uspto.goAbout the authoTrademark Basics. Trademarks should not be confused with service marks, which are a different type of mark. A trademark is the brand name or symbol that identifies your product or service as your own.

A service mark identifies the source of services (usually a company) and gives. The public an indication that they are getting quality services from them. However, this is only if the service mark is designed to identify the source.  As you can see in our examples above, it may be possible to use similar marks on products and. Services in order to make sure that you don’t infringe someone else’s trademark. This is something that we would want to avoid, however, as it could lead to confusion amongst consumers asrv

This is what can happen with the registered trademark in the US.

In the U.S., you have the right to own a trademark that’s similar to another company’s registered trademark. For example, if you have a registered trademark for “Apple” and Apple has a similar sounding name for its products. (Such as “iPad”), then you can protect your mark using federal law by filing an opposition. Or cancellation proceeding with the Trademark Trial and Appeal Board (TTAB).

This is a fictitious story. The characters are all fictional and have no relation to any actual people. Companies or organizations other than the writer of this article.

There are many single words that are very similar to trademarks.

For example, the term “T-shirt” is a trademarked term for an item of clothing. But it doesn’t specifically refer to any kind of clothing at all. The term “sweater” could be used in this context as well, but the USPTO would not allow someone else’s. Use of their own word as a trademark because they consider it too close to theirs (which they have registered).

To apply for trademark, you need to file an application with the U.S. Patent and Trademark Office (USPTO). If you do not file for trademark within one year of using the mark. Then the USPTO will not allow anyone else to own that mark. You’ll also need to pay a filing fee of $275 per class of goods or services. (This is separate from any attorney’s fees you’d like to pay). The USPTO will send you a notice when they approve or deny your application. If they denied your registration, then you can either appeal their decision in court or try again in another year. Once registered, all uses must be authorized by

For example, here are some very common word variations used as trademarks.

Company X wants to protect their brand. They can’t use the word “X” in their name. Instead they would have to come up with a new name, or at least some way of making. Sure people know who they are and what they’re doing.

Now let’s look at another example: Company Y wants their product known by its abbreviation “YM” instead of just “Y”. Because it sounds better when spoken out loud (a lot like how having an M after your name makes you sound more important). This is now a registered trademark under US law; however, if someone else starts using this same abbreviation. Without permission then it’s illegal—even though both companies can use them interchangeably!

If you own a trademark that’s the same as another company’s trademark you have the right to protect it

  • If they use your mark in their own product (like “Apple”, or “Microsoft”). Then you can file for an injunction against them so they can’t use it anymore. You’ll need to prove that there is a likelihood of confusion between customers if they continue using your mark(s).
  • If someone else uses your trademark without permission and doesn’t have any intention of selling products under this name. Then this could constitute unfair competition and give rise to liability claims from both parties involved the person. Who uses his/her name without permission and those who would otherwise be entitled by law (the original owner).