Q: Can I do anything if someone filed a trademark for a name that I previously set for a club but didn't trademark?
I helped create the club back in 2003 and we have evidence and witnesses that can collaborate the time of formation. We are also an international club and have members across the globe. We do not want to have a Marijuana dispensary with the same name as us. And while our name is not trademarked it is used and registered with Microsoft and other gaming companies. Is there anything we can get done about this?
A:
You may be able to oppose the registration by what is called a "junior user" (you are the "senior user" based on your prior use) when its application is published for opposition, which is the last step in federal registration of trademarks and collective membership marks (a separate category for clubs).
If the junior user has already obtained a registration, you can file a petition to cancel it based on your prior use.
Consult an experienced trademark attorney to assess the situation and advise you on the alternatives.
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