Clovis, CA asked in Trademark for California

Q: What if I made a logo then someone else trademarks a similar logo. Do I have to stop using it or am I grandfathered in?

I’m working at a non-profit, not selling anything. Another person is selling something, doesn’t have a trademark, and asked us to stop using it. I’m sure she’s going to get a trademark. What would be our best course of action?

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2 Lawyer Answers
William Scott Goldman
William Scott Goldman
Answered
  • Trademarks Lawyer
  • Washington, DC

A: Trademark rights are acquired through use, so if you're selling goods or services in connection with that logo, you may be able to claim common law priority within certain geographic areas should someone later attempt to federally register a similar logo for related goods or services. However, if you were to file it with the USPTO then you may be able to claim superior rights under such a scenario. Should that be of interest, please feel free to call or email.

1 user found this answer helpful

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

A: If you are using the logo as your trademark, to indicate your organization as the source of the goods or services you provide, then you may have priority over someone who uses a confusingly similar logo. Consult with a trademark attorney to determine your specific rights. You may be able to oppose the registration of such a trademark.

1 user found this answer helpful

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