Q: Company from China is trying to trademark my brand. We have not yet filed mark, but are actively using for years. Ideas?
We have been selling a brand of ink and toner cartridges since January 2015. This year, a company from China decided to try and trademark our brand. We have never got around to filing the trademark as we were advised that it is not a requirement and that we still have full trademark rights if we are using it in commerce. We operate a website and actively sell the product via Amazon.com. All our products and packaging bear the exact trademark that they are trying to register and it is blatant they are trying to steal it from us. Other than filing a Notice of Opposition when it is published, what can we do? Also, what would the reason be for notice of opposition?
A: You may need to object to the trademark and contact the company to cease and desist from any IP infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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A: A registered mark gives you the presumption of ownership, which is super important in a case like yours. You should file an objection to publication ASAP.
A: Report to the trademark office to stop their register. Or file a lawsuit to stop their using.
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