More General Trademark Questions

Discussion in 'Legal Issues' started by amjm, Dec 30, 2012.

  1. #1
    I am hearing conflicting things regarding trademarks and I have some questions:

    In regards to a trademarked name:

    If someone had the name in use prior to the date of filing the trademark, can they continue to use it if one party files a trademark?

    Further and separate to this: Does the "first used in commerce date" in filing a trademark matter:

    Ex: company A and Company B both have same name

    Company A had name first, Company B in different state began using name
    Few Years later company A files for trademark, with the "first use in commerce" date as prior to the date B Opened, but B has had the name in use well over 2 years.

    Can Company A now stop B or can B keep the rights to continue using their name?

    Thank you, in advance.
     
    amjm, Dec 30, 2012 IP
  2. ricky19991

    ricky19991 Peon

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    #2
    Sorry,i have no idea about trademarks. When i know something about trademark, I'll be shared with you.
    Thanks
     
    ricky19991, Dec 31, 2012 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    Honestly those are questions only a lawyer with real-world experience can answer. If you're okay with a
    non-lawyer's take who's learned from some of them, then here you go:

    It depends. Yes if their respective uses don't overlap or compete, no if they (obviously) do.

    Remember, a trademark aims to prevent likelihood of confusion rather than stake a claim over its domain
    name-sake.

    Again, it depends. There are various factors that make it difficult to discuss in just one post, although it
    essentially depends on strength of the mark, likelihood of confusion, and consumer behavior.

    However, famous trademarks (e.g. Google, Microsoft, Facebook) have better chances of stopping others
    from using them even if they're commercially unrelated.
     
    Dave Zan, Jan 1, 2013 IP