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[apple]

I have a TM on the supplemental register.  Now I find a business (not trademarked) using the same name.  Can I sue?

[clarklawyer]

Sure you can sue.  But what you've posted is insufficient to tell
if you can win.  Not only is your position inferior to that of
a registrant on the primary register, even if your mark was on
the primary register, what you've posted is insufficient to tell
if your case has merit.

If your question is whether or not you can sue in federal court
with a registration on the primary register, the answer is yes.

[JSonnabend]

If your question is whether or not you can sue in federal court with a registration on the primary register, the answer is yes.

Isaac, you should be asleep at 3 a.m.,  not posting here .  Isaac meant to say "supplemental register", not "primary register", in the text quoted above.

The OP would need to meet the requirements of Rule 11, as well, of course.

- Jeff