Q: Do they have any legal standing on the trademark infringement?
I received a letter regarding trademark infringement for a product that i have been selling for years with the same product name, i noticed that the trademark was filed recently although the company that sent the letter claims they have been using the name for years
Dear Mr or Mrs,
the proper answer for you would depend on further information you would need to provide such as the content of the letter, segment of products, registered trademark goods/services and so on. Also some evidence of you selling the products with this trademark would also help you. Plainly speaking I would need all these details in order to fully answer your question. You can email me anytime.
If you have been selling a product under this trademark for many years and without any prior conflicts with other trademark owners, there may be reasonable good defenses available to you (laches, etc.) If you can prove that you were actually first to start selling the products (before them), then it might be possible to turn the tables on them. But all these question are very fact specific and there are many unknown variables here that can change a lawyer's opinion significantly one way or another. You should contact an experienced trademark attorney and discuss your specific case.
This answer was provided for general educational purposes only. This is not legal advice.
A: An in person consultation and a complete review of all relevant documents needs to be reviewed. This is not going to be a free consultation. This matter is serious and cannot be ignored. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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