Q: Can I sell products under "Reaper Golf" with a pending trademark conflict?
I have an LLC established in 2023 named "Reaper Golf," primarily involved in selling golf clubs, specifically putters, and apparel. Recently, someone else submitted a trademark application with Serial Number 98466238, which matches our company's name. We haven't registered a trademark for this name nor have we communicated with the party or received any legal notices. Are we allowed to sell products featuring our company name, or does this interfere with the trademark submission?
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A: I'm currently handling a similar situation for a client who had been selling product for more than four years when a newcomer filed a trade mark application last year on the identical mark and similar product. This lead to at least a trade mark opposition: https://ttabvue.uspto.gov/ttabvue/v?pno=91297520&pty=OPP&eno=1. There are options, as the senior user, to protect your trade mark.
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