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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3466
Experience:  Experienced in intellectual property law
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Regarding intellectual property.. trade .. I applied trade

Customer Question

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
Expert:  Alex Reese replied 1 year ago.

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 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.

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