Intellectual Property Law

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My trademark is "Flashionable", it is in use and it is

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My name is***** my trademark...
My name is***** my trademark is "Flashionable", it is in use and it is registered. I type it in every now and then usually with no hits other than my own. Granted items are very close to my products and in some cases the way its used may diminish the value or mislead customer's all together as to the actually use of my trademark. I have in the past asked entities to stop using my trademark and they have done so. It seems to be getting to be a bit more than just a monitoring issue. Can I pursue legal action and for what I feel is unlicensed use of my trademark?
Submitted: 2 years ago.Category: Intellectual Property Law
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Answered in 10 minutes by:
2/16/2016
IP Lawyer: P. Simmons, Lawyer replied 2 years ago
P. Simmons
P. Simmons, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 37,228
Experience: 12+ yrs. of legal experience.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

IF someone is using your trademark without your permission?

Then yes...you can pursue legal action. Specifically, you can sue them in federal court (Trademark law is federal law) to enforce your rights

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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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).

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