Infringement

Subject: Re: Infringement

Comments:
: I have been using a mark for several years and I recently discovered another company has filed an Intent to Use TM application for the same mark/same goods with the USPTO before I did. I do not believe they have yet to actually sell anything/used the mark in commerce. While I will file an objection with the USPTO, can I also sue them for infringement just on the basis of filing the ITU application or do I have to wait until they actually sell something using my mark? Thank you.

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