Q: Can others use our company name if we are trademarked?
A: Once you use a mark as a trademark for your goods or services, others cannot use the same or related trademark for the same or related class of goods or services. Registering your trademark provides additional benefits. Consult with a trademark attorney for specific information.
A: Additional information is needed to answer this question. They may or may not be able to use the name depending on what type of goods and services they offer compared to your goods and services. If you are concerned about trademark infringement, you should hire an attorney to enforce your trademark rights.
A: It depends on what you mean by "trademarked." If you have a federal registration, this provides the greatest amount of protection, and usually covers the entire US (unless there is a prior user out there). A state trademark provides the next best protection and it also provides protection for goods/services that are not federally legal (such as marijuana trademarks). Common law protection that arises from being the first user in the U.S. usually means that a later user or registrant cannot stop you from what you have been doing all along, but you may not be able to stop them if they have obtained a federal registration and have been operating throughout the U.S. for several years. As noted by others, it is imperative to have a trademark lawyer with experience analyze all of the facts in your particular situation to answer this question.
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