UK Product name violating my US Trademark?

[Single_Tasker]

Massachusetts

Hi Folks,

New poster here.

I have been issued a trademark by the USPTO for the product name of a beanbag lapdesk... its an item that sits in your lap, holds a plate, and you eat your lunch off of it.

I filed under the category specifically listed for 'Lap Desks'... I think its 016.

I noticed a company in the UK makes a lapdesk of a different design and is calling their product my exact trademarked name. They sell it on the internet on a UK based server, but also sell it to Target who offer it for sale in the US.

1) Are they violating my trademark in any way, be it UK sales or US sales?

2) Should I apply for a UK trademark?... or might I get into trouble if they have used the product name longer than I have used it.... ramifications?, roadbloaks?

Thanks,
BillWhat is the name of your state?

 

[HomeGuru]

Massachusetts

Hi Folks,

New poster here.

I have been issued a trademark by the USPTO for the product name of a beanbag lapdesk... its an item that sits in your lap, holds a plate, and you eat your lunch off of it.

I filed under the category specifically listed for 'Lap Desks'... I think its 016.

I noticed a company in the UK makes a lapdesk of a different design and is calling their product my exact trademarked name. They sell it on the internet on a UK based server, but also sell it to Target who offer it for sale in the US.

1) Are they violating my trademark in any way, be it UK sales or US sales?

2) Should I apply for a UK trademark?... or might I get into trouble if they have used the product name longer than I have used it.... ramifications?, roadbloaks?

Thanks,
BillWhat is the name of your state?

**A: I would like to know what kind of product is in the bags?

 

[divgradcurl]

1) Are they violating my trademark in any way, be it UK sales or US sales?

If they are selling in the U.S., then they may be infringing your trademark. Their UK sales cannot be infringing, because you do not have a UK trademark.

2) Should I apply for a UK trademark?... or might I get into trouble if they have used the product name longer than I have used it.... ramifications?, roadbloaks?

You could apply for a UK trademark, but you are correct in assuming that their use my preclude you from obtaining a UK trademark.

Your best bet is to sit down with an attorney with trademark experience who can review all of the facts of your situation and advise you accordingly.