Q: Someone in Israel is selling jewelry on a website with the same name as mine in the us. No trademark. Can I use it?
My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar businesses online though his is up first. Is it too late to register a trademark in the US so I an do business here?
A:
In general trademark protection is territorial
if they are not selling the same products under the same brand in the same territories, both may be able to coexist
if they are selling in the USA, they can claim rights over the brand, even if it is not registered
consult with an attorney
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