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As long as you can prove that you created and utilized the mark before your family member, your claim can prevail.
Since you have been in business, you should have some documented use of the name.
Go back as far as you can find something published with that business name.
what if they created the mark that they had trademarked
In this context, "published" means anything that was put out publicly (e.g. an advertisement, business card, etc.)
and just used the name
You can challenge that trademark, if the name is XXXXX XXXXX it.
You can also force them to stop using the name through the Minnesota Secretary of State's office.
i have my own mark that i use, does his mark that I have need to be identical.
Each state protects the rightful use to a business name. When you create and use a name first, you have rightful use. If you filed the name with the Secretary of State, then the state will prevent anyone else from using it.
mine is not trade marked
No. It just needs to be confusing.
If someone would confuse their mark with yours, then the later mark can't be used.
It doesn't have to be trademarked to be protected.
Trademark helps because it conclusively established a date that the mark entered commerce, but it isn't mandatory.
Ok so just be sure this is a federal trademark.
As long as you can prove that you created it and when it entered use, then you can prevail.
Correct, federal trademark.
but i did not create it
You created the mark, you created the name that you use.
Then he created a mark and used the name.
He can't use the name.
He may be able to use the mark,
if the mark is distinctly different than yours.
But, not if the mark is inseparable from the name.
the mark is a frame and a "s" but the name is "sunny's"
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