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Canada/US Trademark?

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GRP

Junior Member
About 10 years ago I had an idea for a business. I found out there was a similar business with the name I wanted. I called a patent/trademark lawyer and he told me it wouldn't work. He said I'd get sued and I'd lose. :(

I just noticed yesterday that there is a new company with the same name doing what I originally wanted to do. Looks like the old company is gone.

This new company is in Canada. I found their Canadian trademark, but not a U.S. trademark.

If they don't have a trademark in the U.S. and don't do business here, could I trademark the same name for the same type business?

Any and all information is greatly appreciated. :D
 


FlyingRon

Senior Member
If they are doing business in the US, they most likely have some level of US trademark rights. Trademark rights originate in use in commerce, not just registration.
 

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