Legal Question in Intellectual Property in Illinois
Someone is using our company name
We have a retail service business and the name is not trademarked. We have been in business since 1979. A company from Texas has moved into our area and opened up the same type of business we have. They are using our exact name without an ''ing'' on the end of it. It is costing us much business. They have had a trademark since 1990, but they only started in Illinois last year. Is there anythin I can do?
2 Answers from Attorneys
Re: Someone is using our company name
In addition to filing for trademark protection, it is possible for a party to get rights to a trademark by using the mark in commerce. The trademark protection that this party would have generally protects them from others who might offer a similar product, to a similar market using a similar name or mark. If use of the mark is limited to a particular geography or market, the rights to the mark can be limited to that geography or market.
The fact that others might have subsequently filed for Federal registration does not eliminate rights that others may have had to the mark. However, any subsequent legal disputes will be much easier for the one who has formally filed.
It is possible that rights to the mark could be separated by geography where one party gets rights where they�ve operated for years and the other gets rights to the mark in all other locations covered by their Federal filing.
Your specific rights are very dependant upon additional facts particular to your situation. Feel free to contact me if I can provide assistance.
John J. Brooks III
Re: Someone is using our company name
Yes! Even though you may not have a federally registered TM with the U.S. Patent and Trademark Office, you still have certain common law rights to the trademark because you have priority of use in your trade area. You need to exhort your trademark rights immediately to prevent any further damage. Please call me at: 773.882.4912 today or visit my website at: www.entertainmentlawchicago.com.
Regards,
Don Simon
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