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Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed for a trade mark in may of 2013 as in use another group

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I filed for a trade mark in may of 2013 as in use another group filed for the same name in June of 2013 as intent. I'm selling t-shirts and decals, the other group wants to sell the same plus hunting videos, the trademark co. didn't add the decals on to my filing the first time. Question is do I have any thing to worry about since I'm in use and filed before them? And can I file for the decal trademark later.
Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question. I'll be glad to help.

With trademarks, the first in time to use the mark is the first in right. Thus, if you were using the mark first, you should have the priority going forward. This is so even if you haven't yet received a registered trademark.

Thus, you should be ok as long as you were first.
Customer: replied 4 years ago.
Do I need to go ahead and get the trade mark for the decals now or can I wait a little while? Money is the issue right now.
It shouldn't hurt to wait as you've got a common law trademark by virtue of your use. Thus, you can claim a right under common law until you register your mark.
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