Q: If a company took a design that i didn't trademark and flipped it, could i still sue?
A: I'm not sure what you mean by "flipped it," but ultimately, trademark rights are governed by use. If you commercially used a mark before another company used that same mark with similar goods/services, you still have recourse to enforce your rights. You should consult a qualified trademark attorney to discuss the specifics of your case.
A: If a trademark has been registered with the US Patent & Trademark Office, the owner may sue in federal court to enforce his exclusive rights. Trademark may also be registered at the state level to obtain exclusive rights in that state. The rights to use unregistered trademarks may be the subject of litigation for unfair competition.
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A:
Consulting with an attorney who is well-versed in intellectual property law would provide a more precise evaluation of your specific situation.
Sincerely,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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