Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

Regarding intellectual property.. trade .. I applied trade

Customer Question
Regarding intellectual property.. trade mark....
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: 1 year ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 5 minutes by:
1/25/2016
IP Lawyer: Alex Reese, Lawyer replied 1 year ago
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,466
Experience: Experienced in intellectual property law
Verified

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.

Ask Your Own Intellectual Property Law Question
Ask Alex Reese Your Own Question
Alex Reese
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,466
3,466 Satisfied Customers
Experience: Experienced in intellectual property law

Alex Reese is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,466 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

848 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

459 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

450 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I am involved in a clid custody battle in PA. The local
I am involved in a clid custody battle in PA. The local couty court has placed in my custody agreement that I as the mother can not post any pictures of my children on the internet (Facebook with all … read more
Ely
Ely
Counselor at Law
Juris Doctor
450 satisfied customers
I am a small business owner that deals with apparel
I am a small business owner that deals with apparel pattern-making for designers. I am getting more and more prospects that want me to enter into a None Disclosure Agreement before we start business. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am writing a book about the fundamentals of scheduling and
Hello I am writing a book about the fundamentals of scheduling and in my book, for some scheduling terms, i also show how to do those with two different scheduling software. I describe how to do it wi… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
848 satisfied customers
I put some cover songs on Facebook (the same way I do on
I put some cover songs on Facebook (the same way I do on Youtube). I got a letter that the content was taken down due to copyright infringement. After some reading, it appears that Youtube has an agre… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can you tell me how it might take to get a patent on a idea
Hello can you tell me how long it might take to get a patent on a idea of product, and what it would cost ( ball park number). Thanks Dave… read more
Law Professor
Law Professor
Law Professor
Post-Doctoral Degree
1,105 satisfied customers
Copyright law/publishing rights question. I am considering
Copyright law/publishing rights question. I am considering entering a short story writing contest offered by the publisher of an existing fiction series and buddy of the author. The stories must relat… read more
Alex Reese
Alex Reese
Lawyer
3,466 satisfied customers
What are the legal obligations and implications for writing
What are the legal obligations and implications for writing an ebook guide to playing a game under copyright. (video or board) I reside in asia and want to know what constitutes an infringement since … read more
Law Professor
Law Professor
Law Professor
Post-Doctoral Degree
1,105 satisfied customers
Can I sue the website company for fraud and stealing my
Can I sue the website company for fraud and stealing my business domain names? Sincerely, Mrs. Martucci… read more
Alex Reese
Alex Reese
Lawyer
3,466 satisfied customers
If an artist paints a picture and signs it however does not
If an artist paints a picture and signs it however does not copyright it, may the buyer copyright it for reproduction as a print?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I purchased an original work of art from an estate sale. Not
I purchased an original work of art from an estate sale. Not a well known artist. It was made in 1951. I believe it would sell well if I could reproduce prints of it. What are the legal ramifications … read more
Alex Reese
Alex Reese
Lawyer
3,466 satisfied customers
We are a non-profit and would like to name our planned
We are a non-profit and would like to name our planned giving program after a woman who has died. Her husband is also deceased. Do we need to get any sort of approval from other relatives, say a niece… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
I am considering entering a short story writing contest.
I am considering entering a short story writing contest. Cash award is anywhere from $30 - $70 depending on word count. My story must have some connection to a published series, so it is absolutely de… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question about a design patent, I would like to
I have a question about a design patent, I would like to design and produce wheelchair slipcovers, however in my research I have found two patents, one was issued in 1992. I think that one has expired… read more
Alex Reese
Alex Reese
Lawyer
3,466 satisfied customers
I'm contacting you regarding an intellectual property law
Good morning,I'm contacting you regarding an intellectual property law question which could also effect trademark law. To understand the complete scenario, please let me explain as follows. I have cur… read more
socrateaser
socrateaser
1,031 satisfied customers
Me and a friend of mine are thinking about making a parody
Good day. Me and a friend of mine are thinking about making a parody of monopoly and distributing it ourselves through the internet. I know about the "Ghettopoly" incident but our idea doesn't have th… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,411 satisfied customers
We planned to purchase a book from the publisher at full
We planned to purchase a book from the publisher at full retail price and use it as our manual in a training program. Now after nearly a year into the approval process for our training program the pub… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
A Californian artist has infringed a copyrighted photograph
A Californian artist has infringed a copyrighted photograph of mine published in a book in 1994. She copied my photograph without authorisation, without credit and without payment. Her website indicat… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question for a marketing manager at Lays Potato
I have a question for a marketing manager at Lays Potato Chip Co, it is really a suggestion for new packaging ---who can I forward this too or who can I speak with ? I would like this to be my idea an… read more
Alex Reese
Alex Reese
Lawyer
3,466 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x