Q: I am in the process of building a website for my handmade jewelry and I noticed that somebody has trademarked my name
Or is trying to trademark Solea. Will I be able to trademark my name? I haven't decided quite yet on my business name but I was going to use my name or at leat a part of my name. Thanks for your time.
A:
It depends entirely upon whether or not the goods and/or services offered by the other applicant are the same or similar to your jewelry. The more similar the goods and/or services, the more of a problem you would have. It also would normally depend on who actually used the mark in commerce first, but it sounds like you have not yet done that, and the other party has either already done that, or has filed an intent to use application. An intent to use application would give the other use priority to the mark so long as the application is eventually granted and they actually start using the mark in commerce during the next six months or during an extension period.
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