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FutureStarrWhat If I Trademark a Name of a Future Star ORR
Whether your company is founded by an individual or a group of people, the goal of a startup is to create a product with a keyword that is easily memorable. But what happens when the product becomes successful and with trademarked names? Take the famous fashion brand MoMA. They were known for their innovative use of the term MoMA before their company went public because of the natural association with the museum.
This is what happened to UK fashion designer Karen Millen. After playing a key role in building her retail company to the global brand it is today, she exited in 2004. But because the business is registered in the UK as Karen Millen, she cannot legally register a new trademark in the UK with a substantially similar name. Additionally, a court ruled in 2016 she also cannot use her name to brand clothing and household goods in the US and China, as this violates the terms of her 2004 agreement.
Before you apply for trademark registration, conduct a search of your country’s and state’s databases to determine if another company is already using a logo that’s too close to the one you want to use. Searching the internet can help at this stage too because it can catch common law logos you otherwise wouldn’t catch. Make sure you really research all the names and images you’re considering, because if your logo is too similar to an existing brand’s, your application will be rejected and you’ll have to essentially restart the process. (Source: 99designs.com)
The name can't create a likelihood of confusion among consumers. This can happen when your name is too similar to another registered mark or one that's pending. When similar marks are used on related goods and services, consumers can get confused and mistakenly believe they come from the same source. That's why every trademark application must specify the type of goods or services where a trademark will be used.
If approved based on use in commerce, and you've resolved any opposition, your mark will be registered. If approved based on an intent to use the application, you would receive a Notice of Allowance, which means your mark has been allowed but won't be formally registered until you begin using it in business and file a Statement of Use and a specimen that shows your name in use. (Source: www.legalzoom.com)