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FLACORPLAWYER
FLACORPLAWYER, Attorney
Category: Intellectual Property Law
Satisfied Customers: 4634
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
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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.
FLCORPLAWYER :

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

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