Q: I am considering trademarking a brand/concept for my business. If another person or company is using the name and
it is not trademarked, will my new trademark ownership supersede their existing use?
A: I hate to say it, but that really depends on the circumstances. A company may have common law trademark rights if it has not registered a trademark with the USPTO. Those rights usually are limited to a geographical location, but again it's going to depend on the specific circumstances. Feel free to contact me if you want to do a consultation about your specific situation as the information I provide is educational and does not create an attorney-client relationship.
A: Trademarks accrue common law rights based on use, not filing. A trademark in use before another in the same or related class of goods or services would have priority over a later trademark.
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