Legal Question in Intellectual Property in Canada

trademark law

I own a product that was trademarked in 2001. A company in Canada is using the name I trademarked. What recourse do I have. Thank you.


Asked on 10/27/04, 4:02 pm

2 Answers from Attorneys

Re: trademark law

It depends on whether you obtained a federal or California trademark, and whether the Canadian company does business in the U.S.

I need more facts.

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Answered on 10/27/04, 4:32 pm
Suvashis Bhattacharya Fliesler Meyer LLP

Re: trademark law

Hello,

It depends on the nature of the goods and services in which the Canadian company is using the mark. Also, is the Canadian company selling the goods and services within the US or in stores which have outlets in the US? If so, you may be able to prevent them from using the mark which you have registered. However, more facts are needed before I can give you a better answer. Please feel free to contact me if you would like to discuss this matter further. My firm has handled numerous patent, trademark and copyright cases. My information is below.

Cheers,

Suvashis Bhattacharya

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Answered on 10/27/04, 4:39 pm


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