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?
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.
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