Buffalo, NY asked in Trademark for New York

Q: Is there a way around this to keep my name? Does it matter that I've had my domain longer than they've been registered?

My logo says Boujee GIRL UNLIMITED. There is already Boujee girl Cosmetics. Will I have a problem getting approved?

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: You should speak with an attorney about the possibility of filing a Petition for Cancellation of the registered trademark if you feel that your trademark has priority of use over the registered mark.

1 user found this answer helpful

Tania Maria Williams
Tania Maria Williams
PREMIUM
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL

A: It's not about how long you've had your domain, it's about use in commerce. Some people use the mark for long periods of time before registering the mark and some do not. If their use came first, they will have priority. If your use came first then you may have priority for the jurisdiction where you have been using it. As Evelyn said, you probably should contact an attorney soon because if you are deemed to be infringing on their use, they could have the right to have you destroy anything containing the mark. That means shutting down websites, social media, destroying merchandise and anything else that has the mark on it.

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