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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3439
Experience:  Experienced in intellectual property law
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Regarding intellectual property.. trade .. I applied trade

Customer Question

Regarding intellectual property.. trade mark.. I applied for a trade mark back in 2013 in my research I discovered it was classified as abandoned I discovered at the same time that someone else applied for the same mark in 2015.. Am I dead in the waters without any recourse ?..
Submitted: 11 months ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 11 months ago.

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.

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