Legal Question in Intellectual Property in Alabama

If a person is using a name but have not trademarked the name. Can I use the same name as them, and can I trademark the name if they have not yet?


Asked on 5/04/12, 12:00 pm

1 Answer from Attorneys
Hunter Adams AdamsIP, LLC

The answer is that it depends. If they have not gotten a federally registered trademark on the name, you will have a good chance of getting the mark. However, there are issues such as common law / state trademarks that will play into the issuance of the trademark. Furthermore, you will likely run into a concurrent use issue with the prior user.

If you need more help with filing, please contact us.

[email protected]

(251) 289-9787

www.adamsiplaw.com

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Answered on 12/05/12, 11:50 am


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