Niles, MI asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan

Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

2 Lawyer Answers
Fritz-Howard Raymond Clapp
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  • Intellectual Property Lawyer
  • Beverly Hills, CA

A: Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately prevail, you may have some bargaining power.

James L. Arrasmith
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A: If you believe that a company is attempting to trademark your name without your consent, you should consult with a trademark attorney to assess the situation and explore potential legal actions. Trademarks are typically granted for commercial use, so if you're not using your name in a way that infringes on the company's rights, there may be a basis to dispute their trademark application. An attorney can guide you through the process and help protect your rights.

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