Legal Question in Intellectual Property in Maryland

Can my organization have a name that is trademarked if the name was given previo

I am the head of a student run organization at a state university. Our name includes the name of the university in the title. Apparantly, in 1998 the University trademarked the name Univeristy of XXXXX and as such, no organization is permitted to use it due to the trademark. Our organization has been around and affiliated with the university since 1933 and is registered with the government as having the University name in the title. This issue comes up because due to some reorganization of the club, new paperwork was submitted and subsequenly I was informed by the University that I have to change my name. Are we grandfathered in under the trademark because we had been using the name previous to the issuance of the trademark? We have documentation to prove that we had that offical name prior to the issuance of the trademark. Any help would be greatly appreciated, thanks.


Asked on 5/22/03, 8:52 pm

1 Answer from Attorneys
Todd Epp Abourezk & Epp Law Offices

Re: Can my organization have a name that is trademarked if the name was given pr

I my opinion, I would argue that because of the doctrine of laches (the other side has waited to long to exercise its rights), your group should be able to keep its current name. However, be prepared to spend a good chunk of money on legal fees if this is litigated. Consult with a trademark attorney in your state for a full analysis of your issue. Good luck and thanks for writing.

Todd Epp, Esq.

Read more
Answered on 5/22/03, 9:58 pm


Related Questions & Answers

More Intellectual Property questions and answers in Maryland