Q: I got a state trademark registration in Michigan,
But now a similar business is using the same name for a store across the border in Indiana. Do I have any rights?
A:
If there is actual or likely confusion caused by the similar name, you probably have rights that can be enforced. Both state law and the Federal Lanham Act allow claims for infringement of trademarks, even if there is no state or federal trademark registration. You should consult a trademark attorney for a more thorough answer.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
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