Legal Question in Intellectual Property in California

Based on your facts, you may have a good legal position, but if your scenario happened it would likely cost you much more to defend yourself then merely securing your federal trademark rights now. There is no "just showing that you've been in business for longer"...if you are to the point of showing evidence and providing witnesses, then that means that you are in some kind of proceeding or law suit (expensive). Do you really want to take that risk?

One of the first things I'd do, if I were you, is to determine whether the name you are using is even eligible for trademark. If it isn't, no one is going to trademark it.

You should also further mark your turf by filing for a California trademark (see www.ss.ca.gov) and filing a fictitious business name with your county clerk.

Last I looked, as do-it-yourself trademark registration costs $325. That's less than the fee to file a complaint or answer one in state court.

As a Franchise Attorney I agree with the other attorneys. In the big picture, paying $325 to get a federally registered mark is peanuts - compared to getting embroiled in any kind of dispute. A federal registration also confers attorneys fees if you need to go after someone for infringing on your mark. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation