If I use a mark I cannot register, can I stop others from using a similar mark?


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Mark Registeration Trademark Law Intellectual Property

If I use a mark I cannot register, can I stop others from using a similar mark?

Generally no. There are certain words you may be able to adopt as a mark for your own use, even though you may not be able to register them as a trademark, and thus prevent others from using the same or a similar mark. One of the important benefits of using a trademark that you can register is that you may be able to exclude others from using it.

Before using a mark that you cannot register, think long and hard and get the advice of a trademark attorney. This is not a decision to be taken lightly. If your product or service becomes successful, you will want to exclude others from copying not only your idea but your name or mark!

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