Q: Can a brand name be trademarked by someone else if it has been registered as a legal entity in the State of Alabama?
If a brand name has been established but we had not trademarked the name and just recently found out someone else has can we legally no longer use the brand name?
A: If the other party's use of the name has been trademarked through the USPTO, you may have an uphill battle. Much would depend upon the timing, although if your usage of the name commenced before the other party's use, and you can document this use, then there may be an avenue to proceed. Without all the relevant information, though, I cannot make a determination of whether you may have a way to challenge the other party's use of the name.
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