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Someone Trademarked My Business Name

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Zorce

Junior Member
What is the name of your state (only U.S. law)? TX
I have had a business name since 2006 along with the original .com domain name. In 2008, I guess another company with the same services started and trademarked the name and trying to get me to cease and desist of using it.

I have multiple pages of proof that this company started in 08 and that I was using the name 2 years before they even thought of it.

Is there something I can do?
 


The Occultist

Senior Member
The easiest thing you can do to start with is send them a response indicating that you have held the mark first, and that you insist they cease/desist in continuing to use the mark. Even if you have not registered your mark, as long as you have actually been using it in commerce since before they began using it, they certainly will not be able to prevent you from using your mark.

Whatever response you send out, it would be wisest to hire an attorney to write it for you (as well as give him the chance to look at all the relevant details that can be provided so he can best explain your options).
 

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