Morristown, NJ asked in Intellectual Property and Trademark for New Jersey

Q: trademarks question

If i have a LLC in NJ and its called 123abc, can someone trademark it and steal it from me? the business does work globally.

would i be able to win the trademark back? Should I be safe and get it now?

1 Lawyer Answer
Nyasha A. West
Nyasha A. West

A: Because your use of 123bc pre-dates any future trademark filings of the same name, the individual or company attempting to register the mark would not be able to sue you for infringement.

Further, the filing of a trademark application requires evidence of the mark’s use in commerce. Absent such proof, unless the individual or company attempting to register the mark is using “intent to use” as a basis, the application is not likely to be approved.

The process of registering a trademark is relatively inexpensive. It would be beneficial to register the mark sooner rather than later.

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.