A baking company name branded its new cake product "Nutty Cakes." The name became popular, but a competitor was able to call their cakes "Nutty Cakes" too. When the original baking company began losing customers it discovered the other competitors' cake name was the same. It could not demand the competitor stop using their branded name because they initially forgot to take which step in the new brand name development process?

Question

Business

Aries

27 August, 03:49

A baking company name branded its new cake product "Nutty Cakes." The name became popular, but a competitor was able to call their cakes "Nutty Cakes" too. When the original baking company began losing customers it discovered the other competitors' cake name was the same. It could not demand the competitor stop using their branded name because they initially forgot to take which step in the new brand name development process?

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Answers (2)

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Swiss Miss · Answer 1

This situation does not apply to American businesses, since all that the baking company needed to prove was that it started selling cakes before the other company.

Explanation:

Common law protects commercial brands (trademarks) as soon as they start doing business, even if they are not registered Patent and Trademark Office (USPTO). This concept is known as "common law trademark" and its free.

It is generally better for a business to register their trademark because that way they can avoid future problems, but if they don't, they still can uphold their legal rights in court.

Erica Adams · Answer 2

Answer:Get a trademark for the new brand name

Explanation:A trademark is a sign or symbol we can use to distinguish our business' goods or services from those of other enterprises. It is a symbol, word or words legally registered or established by long-term use as representing a company or its product.

A trademark prevents others from infringing on your business identity by using a similar name, logo, or other identifying feature of your brand.