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montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
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Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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My landlord has trademarked our business name. Is there something

Customer Question

My landlord has trademarked our business name. Is there something I can do about this?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  montysimmons replied 1 year ago.

montysimmons :

Hello, you there?

montysimmons :

First, if you used the trademark BEFORE your landlord did, then he can't use his trademark against you.

Second, Assumptions: You are in the US and the Landlord is in the US.

montysimmons :

The landlord has filed a trademark application in the USPTO and the USTPO allowed and registered the mark

montysimmons :

The landlord knew your business name, and the type of goods/services you sell, before he filed for the trademark.

montysimmons :

The trademark the Landlord received is for your business name for the same goods/services you sell

montysimmons :

Then the landlord has a problem.

montysimmons :

When one applies for a trademark, on signs an affidavit that says the mark being requested does not infringe on the rights of another.

montysimmons :

*one signs

montysimmons :

If you have evidence that landlord knew of your business name and the goods/services you sell and landlord did not disclose this to the USPTO during the application process, you can file a "cancellation proceeding" in the USPTO.

montysimmons :

Basically the landlord has infringed your common law trademark rights.

montysimmons :

A big pain in the behind and it could be expensive but you will likely need a lawyer to file the cancellation proceeding; although many people do it themselves.

Search the USPTO website for more invormation: http://www.uspto.gov/index.jsp

montysimmons :

good luck and feel free to ask more questions

Expert:  montysimmons replied 1 year ago.
Just checking on you to verify I have answered all your questions.

The question is still open on my end probably because no feedback has been submitted yet.

If you have not already done so, and if I have answered all your questions, please provide feedback via the rating system so this question will close.

If you have more questions, feel free to ask them.

Thanks.

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Electrical Engineer, South Carolina Attorney, Member of US Patent Bar