Legal Question in Intellectual Property in California

trademark infringement on existing brand

If a brand is trademarked without product

in the market but intent to use, and an

existing product in the market wishes to

trademark their brand after, does one have

priority over the other due to the actual

sale of product in the market vs. just a

name trademarked with the intent to use?


Asked on 9/26/06, 6:18 pm

1 Answer from Attorneys
Yano Rubinstein Hinshaw & Culbertson LLP

Re: trademark infringement on existing brand

If the Mark has been filed as an intent-to-use application, the filing date of that application (in the United States) will be the priority date for the Mark. If the existing product's first use date is before the filing date of the intent-to-use application, then the existing product has superior rights.

Please feel free to contact our office at 415.277.1900 for further explanation.

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Answered on 9/26/06, 6:57 pm


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