Question:
Answers:
You need a copyright not a patent? And the one who wins doesn't necessary have to be the one who got the copyright first. It could be the one with the most recognition with the name. A book store named Amazon books sued the big store. And wanted the big store to stop using their name. They lost even though they were first. They still could use the name however.
the first company to have the name may sue the other and force it to change the name.
Company names are registered in counties. If the offices are in different counties, they can have the same name, and do the same thing. You can not patent a name, just a working product.
Company names are typically protected by trademarks, not by patents. A company name cannot be patented.
If the names are used as trademarks rather than as company names, which is the question I think you're asking, then both companies may be able to use the same mark if they provide different services. If the marks are confusingly similar, if the goods and services provided by the two businesses are similar, and if the two companies are operating in the same geographic region, the earlier user (the senior user) can probably stop stop the later user (the junior user) from using the mark in commerce in connection with the same goods or services.
The marks do not have to be identical. According to the law, they only have to be confusingly similar. That is, it must be likely that members of the relevant consuming public are likely to mistake one company as the source for the goods or services of the other.
These cases are very fact dependent, so this answer is very short and incomplete. If there is a problem, you may need to consult with a trademark attorney.
This article contents is post by this website user, HiAnswer.com doesn't promise its accuracy.
More Questions & Answers...