3 ms·
Trademark law does not create a blanket right to use a name in all instances, or to the exclusive right to use a particular string of letters. It creates the ri
by tomkarlo 16y ago
Trademark law does not create a blanket right to use a name in all instances, or to the exclusive right to use a particular string of letters. It creates the right to exclusive use of a mark in a particular "class" of trade so long as you actually use that mark and also show that you have protected it against infringement. (This is also why they're a better system than domain names: it's much harder to "squat" on a trademark.) If the original user of the account was not competing with the organization holding the trademark, not pretending to be them, etc, then the fact they have a trademark is irrelevant.
If you have a consulting company named "thisisourname" and I have a muffin bakery called "thisisourname", we can both have trademarks on that name without any conflict.