Can Someone Else Use My Trademarked Name? Here’s What You Need to Know
At Stadler IP Law, we often hear variations of this important question from clients:
"Once I register my trademark, can someone else still use that name to advertise similar products? What about if they use it for something completely unrelated?"
Let’s break it down clearly:
1. If it's a similar product or service — your trademark protects you.
Once you successfully register a trademark with the U.S. Patent and Trademark Office (USPTO), you gain the exclusive right to use that name (or logo, slogan, etc.) in connection with the goods or services listed in your registration.
This means others cannot legally use your trademarked name to advertise similar products or services.
If they do, it could create “consumer confusion” — where customers might think their products are connected to yours. That confusion is exactly what trademark law is designed to prevent. If someone tries, you have legal grounds to send a cease-and-desist letter, file an opposition, or even sue for infringement.
2. If it’s for a completely different, unrelated product — it depends.
Trademark rights are specific to the goods or services you offer.
If someone uses your trademarked name for a product that’s completely unrelated — for example, you trademarked your brand for coffee, and they use a similar name for industrial machines — it might not automatically be considered infringement.
However, there are exceptions:
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If your brand is especially famous or well-known, you could have broader protection under what's called “trademark dilution.” (Think names like Nike, Google, or Starbucks — even using those for unrelated goods could be illegal.)
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If their use somehow harms your brand’s reputation, causes confusion, or "dilutes" your brand’s strength, you may still have a case.
Bottom line:
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For similar goods and services: registration gives you strong, enforceable rights.
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For unrelated products: it depends on the circumstances — but famous trademarks often enjoy broader protection.