Trademark Use

[triggerman926]

If Company "A" has been using a name for several years but never trademarked it and Company "B" files for the Trademark, does Company "B" have authority over the use of the Trademarked Name?

 

[Sande Vucinaj]

In everything I have been reading if company "A" can prove they have been not only using the name, but that it is established in the area they do business - then, when company "B" applies for a TM it is possible the USPTO will refuse their application. If I'm not mistaken it would fall under Common Law.

There are sites to research Common Law that are fairly detailed.

Sande

 

[T-DESIGNER]

I am not an attorney, and an attorney is better qualified to
advise you on this matter.

I have not read this book:

http://www.amazon.com/exec/obidos/ASIN/0873375793/qid=1011706857/sr=2-1/ref=sr_2_107_1/103-9843002-2111862

Citizen Brown

Disclaimer: This response is neither a recommendation nor
an advertisment for any publisher, book, book seller,
author, or web site.