Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
hello. if you have been continuously using the mark in commerce then you have common law TM rights and can continue using the mark (unless someone else has a mark that is confusingly similar and has been using the ***** *****er than you). however, although you have been using the ***** *****er, that does not mean that someone else cannot register the mark....so while you may be able to keep using the mark, you cannot necessarily stop a registered user from using it or invalidate their TM. You should keep an eye on that application and see what happens. You could file a TM opposition but that is an expensive process similar to a small lawsuit. also, if the application is in a different class of goods/services, then you can still apply for the TM if the goods/services are not too close. I suggest you consult a TM attorney for next steps....because there are a lot of potential considerations here.