Rio Rancho, NM asked in Trademark for New Mexico

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.

Related Topics:
1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Trademarks Lawyer
  • Phoenix, AZ

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.

***Please note the important disclaimers set forth at the bottom of this page.***

1 user found this answer helpful

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.