Longmont, CO asked in Trademark for Colorado

Q: Can you Trademark a online business name, that sells used items along with new items,

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4 Lawyer Answers
Floyd Edwin Ivey
Floyd Edwin Ivey
Answered
  • Trademarks Lawyer
  • Kennewick, WA

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.

Marcos Garciaacosta agrees with this answer

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

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.

Marcos Garciaacosta agrees with this answer

Nicole Schaefer
Nicole Schaefer
Answered
  • Trademarks Lawyer
  • Beaverton, OR

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.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: As indicated by the colleagues yes you can try.

Whether you get it approved or not depends on a number of factors.

Check with an attorney to assess your chances of success.

Best luck!

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