Define: Proprietary Name

Proprietary Name
Proprietary Name
Quick Summary of Proprietary Name

A proprietary name is a unique name given to a product or company to distinguish it from others and can be registered as a trademark. A personal name is given to a person at birth, while a family name is shared by all members of a family. A legal name is recognized by law, and a geographic name identifies a location or area.

Full Definition Of Proprietary Name

A proprietary name refers to a word or phrase that serves as an identifier for a particular product or service, setting it apart from others. It is a name that is legally owned and registered as a trademark, and cannot be utilised by other companies without obtaining permission. For instance, Coca-Cola is a proprietary name for a type of soft drink, while iPhone is a proprietary name for a specific smartphone. Similarly, Advil is a proprietary name for a particular pain reliever. These examples demonstrate how each name is distinct and exclusive to the product or service it represents. Any attempt by another company to use these names would constitute a violation of the trademark owner’s rights.

Proprietary Name FAQ'S

A proprietary name is a unique name or brand used to identify a specific product or service. It distinguishes the product or service from others in the market.

You can protect your proprietary name by registering it as a trademark. This provides legal protection and exclusive rights to use the name in connection with your product or service.

No, two companies cannot have the same proprietary name if it leads to confusion among consumers. Trademark law prohibits the use of identical or similar names that may cause confusion in the marketplace.

If someone infringes on your proprietary name, you can take legal action against them. This may involve sending a cease and desist letter, filing a lawsuit, or seeking damages for the unauthorized use of your name.

Yes, you can use a common word as your proprietary name as long as it is not already trademarked by someone else in a similar industry. However, using a common word may make it more difficult to obtain trademark protection.

Yes, you can change your proprietary name after registering it, but you will need to update your trademark registration accordingly. This may involve filing a new application or amending your existing registration.

Yes, you can use a domain name that is the same as your proprietary name, as long as it is available and not already registered by someone else. It is advisable to secure the domain name to prevent others from using it.

Yes, you can license your proprietary name to another company, allowing them to use it in connection with their products or services. However, you should have a legally binding licensing agreement in place to protect your rights and ensure proper usage.

Yes, you can sell your proprietary name to another company. This typically involves transferring the trademark rights and associated goodwill to the buyer. It is important to consult with a legal professional to ensure a proper transfer of ownership.

Using a similar proprietary name to a well-known brand may lead to trademark infringement and legal consequences. It is advisable to avoid using names that are likely to cause confusion or dilute the reputation of a well-known brand.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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