Legal Question in Intellectual Property in California

It really depends on a number of things. Do they have a federal registration? Do they sell or advertise in your area? Where they there first?

Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process: http://www.lanternlegal.com/trademark_due_diligence.php

This kind of analysis should be done by a professional to protect your interests. I mean, your trademark is a big deal and you will spend a lot of money over time supporting that (marketing, advertising, PR, etc.).

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.