Can i trademark a name already in use? Yes!

Yes, you can trademark a name already in use.

When it comes to trademarking a company name, you may find that your name of choice is already taken. If so, you will need to examine and compare the industries of your respective businesses. If you operate within non-competing industries, you may still be able to trademark your name.

For instance, the name “MY GIRL” is a registered trademark owned by Enertec Enterprises for a line of dolls and accessories.  However, there is a second trademark registration for the same name “MY GIRL” that is owned by Acushnet Company for a line of golf putters.  The reason that these two different companies could register a trademark for the exact same name is that they operate in totally unrelated industries, and offer totally unrelated products.  One company sells dolls, whereas the other company sells golf equipment. (You can find out if there is another person or company using the mark you have in mind by searching thee USPTO database.)

This is, in general, the test for if you will be able to register a mark that’s already in use. Could consumers be confused and think your product is the work of the other company?

Do you want to trademark a name that may already be in use? Get in contact with us today to learn more about your trademarking options.

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Trademark attorney Xavier Morales

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