How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask FLACORPLAWYER Your Own Question
Category: Intellectual Property Law
Satisfied Customers: 4634
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
Type Your Intellectual Property Law Question Here...
FLACORPLAWYER is online now
A new question is answered every 9 seconds

I have trademark question. I am a psychologist and want to

Resolved Question:

I have trademark question. I am a psychologist and want to use a particular name for a service I plan to offer (the service is email therapy). However, there is a mental health professional in another state that has been using this name for her newsletter since 2004. We would both be providing mental health info, although my service is email therapy while hers is information in a newsletter, so there are differences. She does not have a trademark for this name and has not applied for one.
My question: If I apply for and obtain a trademark for this name, could she claim common law rights for the name down the line because she was using it first?
Submitted: 6 years ago.
Category: Intellectual Property Law
Expert:  FLACORPLAWYER replied 6 years ago.

She could make the claim but she would not have a case. The products are different, and you would have the first registration.

FLACORPLAWYER and 2 other Intellectual Property Law Specialists are ready to help you

Related Intellectual Property Law Questions