Is laches a defense to TM infringement? Any others?

[TMDefendant]

What is the name of your state (only U.S. law)? MD
I have owned a company in MD for 13 years and am now being threatened for TM infringement. I have just received another cease and desist letter from a company in Maine that has a TM that is the same as my company's name. I received a few similar letters from them a few years ago and called them to discuss, but they never called me back so I figured it was over. Relevant facts: The other company is in Maine. They filed their TM application 13 years ago, but a few months before I registered my company's name with the Secretary of State in Maryland as a corporation. A few months after I registered my company, they received their TM. I don't want to change my company's name. We are very small (only 3 employees) but I like our name and it is known by our customers nearby. What defenses do we have, if I can't show that we were the first to use the mark? They might have used the mark in Maine before we used the mark in MD. Thank you!!!What is the name of your state (only U.S. law)?

[divgradcurl]

Originally Posted by TMDefendant

What is the name of your state (only U.S. law)? MD
I have owned a company in MD for 13 years and am now being threatened for TM infringement. I have just received another cease and desist letter from a company in Maine that has a TM that is the same as my company's name. I received a few similar letters from them a few years ago and called them to discuss, but they never called me back so I figured it was over. Relevant facts: The other company is in Maine. They filed their TM application 13 years ago, but a few months before I registered my company's name with the Secretary of State in Maryland as a corporation. A few months after I registered my company, they received their TM. I don't want to change my company's name. We are very small (only 3 employees) but I like our name and it is known by our customers nearby. What defenses do we have, if I can't show that we were the first to use the mark? They might have used the mark in Maine before we used the mark in MD. Thank you!!!What is the name of your state (only U.S. law)?

Yes, laches can be used as a defense to TM infringement, depending on the facts. Other defenses include noninfringement, and use of the mark in MD prior to registration being granted. You could also try and contest the mark. If you are unwilling or unable to hire an attorney, you might want to check with a local library to see what resources they might have for you to defend yourself pro se.