Legal Question in Business Law in California

Re: Trademark question

No you have common law trademark rights. Contact me directly you may be entitled to statutory damages.

Re: Trademark question

They don't have the right to your business and profits, and the fact that you've been in business under your name counts for something, but you had better consult a trademark lawyer before you DO have to stop using your name and logo.

Re: Trademark question

You're a little late trying to protect the name and logo now, against someone that did it right. You might have an argument about prior art and your use of the name to try to keep them from using it in your area, but it would be an uphill battle at the least. And, no they don't get your business and profits, but they might be able to force you to change your business name and logo, which would certainly affect you.

Talk to experienced counsel for his opinion on what remaining rights you have to the name and logo, and to see if it would be worth the expense and risks to try to pursue them.

Re: Trademark question

They don't have any ownership rights to your company. You have a common law trademark that predates (presumably) their trademark; however, common law marks are geographically specific. Once someone gets a federal trademark, if you don't object to their application, they have a legal presumption that they have a valid trademark that is enforceable against all others. That does not mean that you can't demonstrate prior use, but it does make it difficult and expensive. Whether you're better off to change your name or try to negotiate or oppose would be a business analysis that would include a determination of what the good will associated with the name of your business (e.g. customer name recognition, etc.) is really worth.