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Is it illegal to use a brand name register trademark?

Introduction

The concept of using another person’s trademark, register brand name, or logo has been a part of the law since the founding of the country. But over the years, courts have grappled with questions such as whether it’s legal to use someone else’s name on a product or service without that person’s permission.

You can use a brand name without a trademark, but you may be violating the law.

You can use a brand name without a trademark, but you may be violating the law. A trademark is a form of intellectual property that protects names and logos. Trademarks are used to prevent confusion among consumers who might otherwise think they are buying products from different companies when in fact they’re not.

You’ll need to apply for trademark with the USPTO before it becomes effective (your application will be reviewed), which means that your company has officially filed its intentions with the government so others know what you have done and can’t do with it later on down the road (you can get extensions).

Under trademark law, you can be sued for trademark infringement if your use of a brand name causes confusion about who made the product or provided the services. The first person to use a trademark in commerce is allowed to register it with the U.S. Patent and Trademark Office (USPTO).

It’s important to note that there are many ways that businesses can protect themselves from being accused of infringing on other companies’ trademarks without actually doing anything wrong—for example, by using descriptive terms instead of names like “Apple iPhone 8 Plus.” However, most businesses don’t have time or resources available right now so it’s best just not worry about these things until later down the road when everything has settled down again!

The right to register a trademark belongs to the first party to utilise it in commerce.

It’s also important for you to know that if you have a registered trademark, it does not mean that you own the rights or interest in your registered mark.

If you are using a word as part of your brand name, such as “Apple” in the Apple iPod, then this is an identifying element of your product or service that is protectable by trademark law.

Secondary meaning means that consumers have come to recognize and associate the mark with only one source; therefore they identify products with particular companies based on their branding efforts. For example:

  • Coca-Cola: Consumers know what they’re getting when they buy Coke because everyone knows it’s Coke! People had been using the word “coca” for so long before Pepsi came along that they would still consider buying coke even if they had another option (like Pepsi). This shows how well-known Coca Cola’s logo has become over time — even though it wasn’t always just “Coke.”

Goods or services

If you have acquired trademark registration with USPTO. You have the right to exclude others from using any confusingly similar marks that could cause confusion. Among consumers as to whether they are buying goods or services bearing  your mark.

You can use your trademark to stop others from using confusingly similar marks. Even if they are not selling the same goods or services. For example, if a person wants to sell an energy drink under its own name but uses your trademarked term in the product’s. Name (e.g., “Energy Drink”), then he/she could face court action against him/herself by sending out cease-and-desist letters demanding that he/she stop using this word immediately!

When deciding whether two marks are confusingly similar. Courts will consider how close their sounds and appearances are. What type of goods or services each one represents; if there’s any relationship between those goods or services. (Such as both being related to computers).

In some cases, a court may decide that a mark similar enough. To yours has become so common that it loses its distinctiveness.

There are some ways that using other people’s brand names might be legal under certain circumstances.

  • If you are using the mark as part of your brand name. Such as “Apple” in the Apple iPod, then this is an identifying element of your product or service that is protectable by trademark law.
  • The owner of a famous name can prevent someone else from using it if they have. Registered their trademark with the United States Patent & Trademark Office (USPTO). This means that if someone uses an unregistered mark like “Kleenex”. Without permission from its owner then they could face legal action from Kleenex’s lawyers!

Conclusion

In summary, if you’re using someone else’s US trademark filing brand name without permission. It’s possible that your use may be illegal. But there are some situations in which it may be legal to do so. Before deciding whether or not your use of a trademark would be considered.

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