Legal Question in Intellectual Property in California

Re: Somebody is wearing my trademark on a shirt

Your trademark rights may depend upon use of the mark in trade. A trademark registration is provisional until the name is in use (i.e., you make products bearing the mark and introduce them into the stream of commerce. I believe you must renew the provisional trademark every six months -- and you can do this only five times -- in order to maintain your provisional rights.

When the product enters commerce, the trademark holder is then entitled to request that the mark be made "permanent" but this too requires filing a declaration of use and paying a fee.

You can check the status of your trademark on line at www.uspto.gov.

Re: Somebody is wearing my trademark on a shirt

As a former law school professor teaching trademark law, I've seen many cases such as yours. The answer depends on many factors, such as whether you have "abandoned" your trademark and who actually used the mark first in commerce.

You should consult with a good trademark attorney who does trials.

Re: Somebody is wearing my trademark on a shirt

It depends on a couple of factors. You say you have "trademarked" a name, but is that a federal trademark or just a state trademark? Were you the first to use that trademark, ( that is difficult to know at this point ). Trademark law in the US is first to file and it is good so long as you pay the maintenance fee and USE it. You can file an intent to use application but within 6 months of getting the mark registered you must show use else it is abandoned and you have to start the process over again. How long ago did you trademark the name?

Also, state trademarks hold very little water. Really only good to show date of first use.

To answer your question directly ( scarey for lawyers to get to the point) Someone may not use a trademark belonging to another without their permission! The entire agrument hinges on the term use.

Call or email me so that we can discuss this more fully. You might have some licensing rights to obtain or infringement rights to fight, one makes money the other costs money.