Q: Hi, we have a trademark registered under our name. A company file for registration to the same brand. Is it possible?
The company that is trying to register the brand is overseas and have the same name as the brand we currently hold.
We registered this in 2016 and is currently active.
They have filed it in February 2019 and it is currently pending. We just saw that they had a similar trademark from 2005 but it was cancelled on 2015. Are they allowed to register the trademark now?
A:
I assume it is in the USPTO.
If so, it is possible, if the class of usage is the same as yours, that it will be refused by the office.
If it is not, you can file protests and oppositions to the application.
You have a limited window to do this so contact an attorney, me, that can help you
Best luck
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