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Author Topic: TM infringement suit or other claims  (Read 412 times)

yama

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TM infringement suit or other claims
« on: 03-23-18 at 08:19 am »

I filed intent-to-use application, and received NOA. Thus, I am going to file specimens. I have found someone who uses my trademark to be registered. 

Can I file infringement suit or request court order such as injunction that the infringer stops using my trademark now? Otherwise, should I wait for the registration?

How can I prevent the infringer from using my trademark?
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MYK

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Re: TM infringement suit or other claims
« Reply #1 on: 03-23-18 at 08:45 pm »

You should contact a trademark attorney immediately.  If the other party has been using the trademark in commerce, then their rights are senior to yours.  The U.S. system gives rights based on actual use in commerce;  registration doesn't give you a stronger claim over a preexisting trademark.

If you are not talking about the U.S., then you may or may not have the rights to the trademark, depending on your country's laws.  The answer is still to contact a trademark attorney, as that person will be able to advise you and will be able to draft the necessary letters and, possibly, lawsuits for you.
« Last Edit: 03-23-18 at 08:49 pm by MYK »
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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