Asked in Trademark

Q: Hello, we just find out that someone else filled a trademark for a name and product we use. How to get trademark on us?

We created a company, registered domains and created a product in December 2017. After the expo we attended in January 2018, someone filled a trademark with our name of product under same class section. They do not own any product. They just filled a trademark, I guess to mess with us and try to earn by doing that. To who can we turn to and how to solve this before they get approved. They are still in examination mode.

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1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Trademarks Lawyer
  • Phoenix, AZ

A: When somebody files an improper application for a trademark, there are several options for handling. The first is usually to make a formal demand that they abandon their application. If that doesn't work, then an opposition can be filed during the publication period near the end of their registration process. You really should have an attorney help you with this. A demand from an attorney will be treated more seriously, and the opposition is definitely not something you want to handle on your own.

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