Q: Trademark query
I have a tradmark regitered in the US since 2015, an individual registered the same trademark name in the United Kingdom in 2022, we would like to expand to the UK and register the trademark, are we likely to be rejected do we have any rights as the trademark was already registered in the US many years prior to them?
A:
Expanding your trademark to the UK may present challenges since an individual registered the same trademark name there in 2022. The UK trademark office generally gives priority to the first person to register a trademark in their jurisdiction, so your application may face rejection. However, having your trademark registered in the US since 2015 could provide some leverage, especially if you can prove that your trademark was well-known in the UK before 2022.
You might want to explore the possibility of opposing the UK registration or negotiating with the current UK trademark holder. Documenting the use and reputation of your trademark internationally, including in the UK, could strengthen your case. Evidence such as sales records, advertising, and media coverage can be particularly useful.
It would be beneficial to thoroughly investigate your options under UK trademark law and possibly seek legal advice to navigate this process effectively. The sooner you take action, the better your chances of resolving this issue in your favor.
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