by abelard29 » Fri Dec 23, 2011 7:02 am
Nope. If you are using this name in a commercial context, you MIGHT be able to prevent others from using it for the same product/service in the same jurisdiction (country/state, etc). You certainly have no control over the name on a worldwide basis, nor can you control what others do in a different field of endeavor, even within your own state.
The answer below is not quite accurate. Trademarks do exist and can be protected even without registration. The main thrust of Trademark law is to prevent 'confusion in the marketplace'. If it is likely that a consumer would confuse two Trademarks, then courts will rule to stop one user from using the mark. Normally, that will be the user who did NOT have priority of use, and registering the mark is usually the way that you prove such priority.
Because the concern is confusion, there is only an issue if two users are using the same mark IN THE SAME FIELD and in the same market. So, while you might have a right to the word mark for StrikeScape as it pertains to videos, I could use the word to denote my business selling car tires, since there is no risk of confusion. I also might be able to use the mark to denote my own video production house producing videos for children sold locally in my city, since that is not the same market as you use.
Of course this also assumes that your mark is USED commercially. You have no protection at all in the use of your mark for personal use, only in trade (business)