Can I resgister trademark on brand’s name and sue brand?

  • Post
    Kallis Roy
    Enhanced
    CA

    I am wanting to become TM owner of a brand name and I checked his trademark where I found he has not registered TM. Can I register TM over his brand name and can sue him later on?

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  • Replies
      Emma
      Beginner
      none

      Yeah, you can but You have to check it on Amazon is that name available or not maybe he is in the process of registration if not then you can do that.

      David Ashan
      Beginner
      US

      No, you cannot register a trademark over someone else’s brand name, even if they have not registered a trademark themselves. Trademark law protects the rights of the first user of a trademark, which means that the person or business who uses a particular mark in connection with their goods or services has certain exclusive rights to that mark.

      Anna Norah
      Beginner
      GB

      Kallis, I will suggest you check that brand name first; is that available to use for the trademark? Then you can go towards this; maybe that name is under registration. Even if the current owner of the brand name has not registered a trademark, they may still have common law trademark rights based on their use of the brand in commerce. If you were to register a trademark for the same brand name, it could potentially infringe on those rights. Furthermore, suing someone over a trademark requires evidence of prior use or ownership of the mark, which may not be possible if you do not have a legitimate claim to the trademark.

      Tina
      Beginner
      US

      No, you cannot file a trademark over someone else’s brand name. even if they haven’t themselves registered a trademark.

      Robert John
      Beginner
      US

      Kallis, I’ll advise you to first see if the trademark for that brand name is already in use. Then you can move in this direction; perhaps that name is registered. The present brand owner may still have common law trademark rights based on their use of the term in commerce even if they haven’t filed a trademark application. It can be an infringement of those rights if you file a trademark for the same brand name. Additionally, if you do not have a valid claim to the trademark, it may be impossible to prove prior use or ownership of the mark in a lawsuit against someone.

      Emmi
      Beginner
      none

      Yes, you can register a trademark for your brand name and sue another brand for trademark infringement if they are using a similar mark without your permission, but you would need to show that you have a valid trademark and that their use of the mark is likely to cause confusion among consumers. It is best to consult with a lawyer for specific legal advice

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