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[Renee Anderson]

Hello I obviously posted this in the wrong forum and was redirected here.  My question is as follows:

I have a website that has a certain "term" that I've phrased, I included the (TM) mark and it is like that on the site.  

Recently, I discovered this term was used in a National Promotion for a rather large company.  

This "term" is not registered so my question is Do I have a legal right to ask for compensation.

Thank you

[JSonnabend]

Three questions:

(1) Is your use of the phrase a trademark use (i.e., does the phrase function as a trademark the way you use it)?

(2) Is the other party's use of the phrase likely to cause confusion between you and them?

(3) Did your use of the phrase pre-date the other party's use?

If the answer is yes to all three, they might have infringed your trademark rights.  Any TM attorney can tell you more definitively after discussing the details with you.

- Jeff

[Renee Anderson]

Yes, to all 3 questions.