Use a Trademark Name for Another Company

Introduction

You can’t use someone else’s trademark name for your company. For example, if you’re running a restaurant that specializes in Italian cuisine and you want to call it “The Pizza Factory,” don’t do it. That name is already taken by another company, which has been using it for decades. If you try to register your own “Pizza Factory” trademark in the United States Patent and Trademark Office (USPTO), then they’ll reject your application because no one can have exclusive rights over a particular word or phrase unless they’ve been using that word or phrase as their brand name for at least five years before filing their application with the USPTO.

You Can’t use a Trademark Name for Another Company

The one exception to this rule, however, is when a trademark name is used in a descriptive sense. In other words, you can use the name Acme Corporation as long as it’s not used in an attempt to confuse people into thinking that your company is related to Acme Corporation. For example, if you run a business called “Acme Landscaping and Lawn Care Services” then using “Acme” in your company name would likely be considered fair use because it doesn’t create any kind of confusion among consumers about who owns or runs your business.

However, if someone else had registered the trademark for “Acme” before you got around to registering yours then they’d have rights over all uses of that word—including descriptive uses like those described above. If this were true then anyone could sue any company which was trying to describe itself as “Acme” without permission from whoever first owned that mark! That’s why companies often register both their names (trademarks) and generic terms which might describe their products but are also commonly used by other businesses too (like Microsoft).

A Trademark Name is for the Exclusive use of the Owner

A trademark name is for the exclusive use of the owner. The trademark owner can license others to use the trademark, but it’s up to them whether or not they want to do so. If a company wants to license another company’s trademark, then both companies need to enter into an agreement that states how and when each party will use it, in addition to any other conditions that may be relevant.

The Exception

If the owner of a trademark gives you permission to use their name, it is perfectly legal.

• You must get written permission from the trademark owner. If they don’t give it to you in writing, your users could be considered illegal (even if other people have used this name). It’s best to ask for written permission and keep that letter on file just in case someone challenges your use at a later date.
• The owner may want something in return for his/her consent—money or some other favor—but he/she cannot require anything like this unless he/she has gotten a trademark registration from USPTO.

Takeaway

If you want to use a trademark name for a business name, you need to get permission from the owner. You can’t use a trademark name for another company unless you get permission from the owner.

Conclusion

You can’t use a trademark name for another company unless you get permission from the owner. The exception is if you get a written agreement from the owner.