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
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.