Legal Question in Intellectual Property in Florida
Trademark Question?
Ok my company's name is incorporated in the state of Florida, and now I find out two other people are using my company�s name, is that considered trademark infringement? Or do I need to register it with the US trademark division. Thanks
1 Answer from Attorneys
Re: Trademark Question?
A registered trademark is entirely separate from a company name in a certificate of incorporation. You can register your company name as a trademark in the State of Florida or with the U. S. Patent & Trademark Office as a federal trademark. To obtain a federal registration, you must have used the name in interstate commerce.
Whether or not you can prevail against the other users depends on who used the name first. Trademark rights in the U. S. flow from use, not from registration, so the first user prevails.
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