Comments on: How Does Trademark Law Work?

By: Judy

Judy — Mon, 29 Mar 2010 20:04:53 +0000

What happens if you have a trademark and someone else has a similar one that was filed 2 months before yours? Lets say 5 years later they are demanding you turn over your trademark to them. Do they have any right to do that?

By: dave rice

dave rice — Thu, 06 Aug 2009 16:11:47 +0000

I think most trademark issues are common sense, but it helps to have it all laid down for you.

Thanks for this informative post

By: medyum

medyum — Fri, 17 Jul 2009 11:11:13 +0000

I will start using TM from now on!

Thanks..

By: zippy

zippy — Mon, 29 Jun 2009 16:41:18 +0000

So is my understanding correct when I say that if you have a registered business under say the name “Zippy” and someone comes along and uses the name “Zippy” and registers it as a trademark then the already registered business is in big crap because he didn’t register it also as a trademark? Does anyone know if you do have a trademark for the name “Zippy” and someone comes along and wants a business called Zippydoda” are they classed the same or does the guy with the registered trademark have a legal ground to stand on with regards to his name being used in combination with other words?

By: josh

josh — Fri, 27 Feb 2009 16:04:55 +0000

I will offer another (IP lawyer/blogger) comment here. Image Pik I’m not sure if I am understanding your scenario since you at first say that Company 2 starting using the same name a year after Company 1 but then you say that Company 2 was using the mark a year prior to Company 1.

But in any event priority is determined by use. So if Company 1 registered its trademark before Company 2 but Company 2 was using its trademark before Company 1 then Company 2 will be able to stop/cancel Company 1′s registration and will be able to stop Company 1′s use of the trademark even if Company 2 has not registered.

Another big advantage to registration is that it grants the trademark registrant presumptive nationwide priority as of the date of registration. So in the example above, the USPTO or a court of law would presume that Company 1 was the first to use the trademark if he had a valid registration even if this wasn’t true. Company 2 would then have to come up with evidence to support the fact that it had in fact been using the trademark before Company 1. So Company 2 would have a harder time proving its case then it would have had if it would have registered its trademark promptly.