Trademark Owner's Rights?

[justalayman]

We were operating the business with the trademark for about a year before transferring the business. (I still maintain the website and social media pages) The trademark registration was finalized in April 2016, and we filed right after transferring the business.

I missed the year on your original statement of when you filed and it as accepted but


regardless of your registration, the business was using the mark before your registration so at best they have a right to use the mark exclusive of any control by you. In other words; you cannot assert an exclusive claim due to the fact the source of the right to register the mark was transferred to the other party where as they assumed a right to use the mark by that transfer which you cannot revoke or control.


Your situation has enough twists and turns it warrants a review by an attorney.

 

[Portobella]

Thank you justalayman

 

[LdiJ]

Right - the TM goes with the business. Then you turned around and tried to grab up the TM after you had already transferred it.

I think that the OP just needs to take all of the paperwork and consult a local attorney. I think that the OP is explaining things so poorly that any answer we give could be incorrect.

 

[Portobella]

I agree-- there are so many 'twists and turns' with this situation and I AM doing a poor job of trying to summarize- but the answers I got have been very helpful.