Really Basic Trademark Question

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Really Basic Trademark Question

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Watson75

posts: 53

Dec 09, 2008 11:53 PM ET Quote Report Abuse

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Ok, let`s say I take two distinct words, use them to create a brand, which has a distinct message. Now, I don`t register that trademark, but I am using it in the marketplace.

Can someone come around, register that trademark (those same words), and force me to stop using my trademark, or position themselves where I can`t stop them from infringing on my trademark?

Also, let`s say they don`t register the trademark, but just start using it in the same way I am. Can I take legal action against them because I started using that trademark in association with the brand before them... even though its not registered?

Thank you very much.

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I want to know, if I can live with what I know. And only that.

patentandtrademark

posts: 1332

Dec 10, 2008 11:53 AM ET Quote Report Abuse

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it depends on how and where the marks are used.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Watson75

posts: 53

Dec 10, 2008 12:50 PM ET Quote Report Abuse

Points: 0 Vote

Well, the brand is for T-Shirts. I`m suggesting someone coming around taking the same trademark and using it on their T-Shirts, with the same type of message.

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I want to know, if I can live with what I know. And only that.

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Really Basic Trademark Question

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