Q: If I created a LLC to make clothing and someone trademarked my name after can I still make the clothing?
I created a LLC in California, business website, and obtained a business license and someone in Canada trademarked my business name. Am I still able to create clothing under my business name? Is there a conflict if I pursue selling my clothing?
A: If the Canadian company uses and registered the trademark in different class of goods or service, you may still use the mark in you business. If both you and the Canadian company have same type of business or product, and you are a senior user of the trademark, you should file an opposition to the registration of the trademark. You may want to consider hiring an attorney to file opposition or contest the registration. Many attorneys offer free initial consultation, and offer low rate service. You should contact one of them for your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
