Q: Hello, I opened a business in 2009. Registered it but did not file a trademark. Just recentlly
a company out of state called for me to remove my co name as it is similar. He filed trademark 2-2016. He owns since 2012 . Do I have rights to keep my company name? city did all including placing in newspaper few days when I registered it in 2009. My mistake was not filing a trademark. Do I have any rights?
A: Generally if you have prior use then you have a right to continue that use. Here as you began using the name in commerce in 2009 and he did not until 2012 you could show prior use. However you may want to discuss your situation with an attorney.
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