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I screwed up[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Doc on May 13, 2002 at 16:13:12: I've owned my business since '96 and when I started I didnt have the resources to trademark the name and actually never really thought I would be in the business for this long. Recently, a few people have told me I should think about franchising and since now I'm quite established I thought of checking into it. The first thing I did was search the Trademark Office database and found that someone registered the name in 2001. They are in the same business. I have the following questions/concerns: 1) Does this prevent me from branching out or selling any franchises outside the state I currently conduct business in? 2) From what I understand, should I be "protected" from infringement, at least in this state, because of "common law" trademark rights? 3) I did conducted a sale of my services in one other state in 1999 (I was on vacation), does this qualify for "interstate commerce". How does this affect things? I'm not at all interested in getting into any legal battles with the other company and would prefer to simply let them do what they do and I do what I do. Thanks, Doc
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