Intellectual Property Law

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Intellectual Property Law

I want to register a trade name, in Arizona that someone

Customer Question
else is using but they...
I want to register a trade name, in Arizona that someone else is using but they were dumb enough not to register it or incorporate it. do they have president over me if I grab it?
Submitted: 2 years ago.Category: Intellectual Property Law
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Answered in 4 minutes by:
10/6/2015
IP Lawyer: Alex Reese, Lawyer replied 2 years ago
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
Experience: Experienced in intellectual property law
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trademark rights are ultimately based on actual use in commerce, so if it came down to a dispute, the first and continuous user in commerce would have priority

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IP Lawyer: Alex Reese, Lawyer replied 2 years ago

of course if there is no conflict or dispute regarding likelihood of confusion between the marks, then it won't ever come up....but the first user in commerce will have the priority (assuming they continue to the use the mark)

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Customer reply replied 2 years ago
its actually a trade name not a mark.???
IP Lawyer: Alex Reese, Lawyer replied 2 years ago

The trade name used by a company is the official name under which they conduct business...Filing taxes, billing, and formal identification are all examples of issues that could fall under a company's trade name. It's first come first serve as far as registering the name with your state.

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Customer reply replied 2 years ago
last question they file under a different corporate name completely, but use the name in question they use as a dba.
IP Lawyer: Alex Reese, Lawyer replied 2 years ago

I didn't see a question there

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Customer reply replied 2 years ago
they use a different corporate name for all business, but the name in question is a DBA, I want to grab it?
IP Lawyer: Alex Reese, Lawyer replied 2 years ago

you can register the business name with the state if its not taken, but if that name is ***** ***** in commerce then there may be trademark confusion issues so you will be taking a risk

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IP Lawyer: Alex Reese, Lawyer replied 2 years ago

bot***** *****ne, if they are a competitor of any kind then you don't want to use a same/similar name

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Customer reply replied 2 years ago
OK thanks great service well worth the money.
IP Lawyer: Alex Reese, Lawyer replied 2 years ago

best of luck

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Alex Reese
Alex Reese
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