Q: I've had my business since 1984. My father started the business and had a trademark beginning in 1997. Is this major?
We are still a fully functioning company and want to know if someone can claim to be us as we had a trademark. Thank you.
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A: Your trademark beginning date in the territory you operated at can probably be proven to have originated in 1984. The registration in 1997 created a presumption of ownership that is rebuttable. The analysis of your trademark rights would necessarily involve knowing the name of the mark, the industry or product to which it relates, the geography in which it the product or company operates in or can prove the mark is known in, and generally speaking how famous it is or how well known the mark is by consumers.
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