Q: Can you Trademark a online business name, that sells used items along with new items,
A: The Word, Symbol or Device you use to identify your business is a trademark. A trademark can be used as a common-law mark, registered in a state and, if interstate commerce is intended the mark can be registered with the Federal Trademark Office.
The Mark cannot be similar in sight of sound to an existing mark when the existing mark is providing similar goods or services.
A Trademark Search is a first step and you may go to Uspto.gov, select trademark, and search. An attorney with trademark experience should be consulted.
A: A brand name may be registered as a trademark with the USPTO if it is being used as a source identifier for your business and there are no other identical or similar marks being used for the same class/category of goods or services. There are many businesses that sell used items so this is not really the issue when it comes to determining if the brand name actually is being used to identify the actual business. It is recommended that applicants work with a trademark attorney to guide them through the process.
A: Yes, you absolutely can! It doesn't matter what you sell. If your business has a name, you can probably trademark it. I would speak with an attorney to make sure the name is available and not infringing on anyone else though.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.