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?

Related Topics:
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
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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.