Legal Question in Business Law in Massachusetts

Secretary Of State Rejection

I have a question concerning common law trademark, I have got so many different answers to the question. I started out with a name for my company back in 2001 and I have the 1099's to prove that I have used that name since then, back in 2007 I discovered a web site using the same exact name and providing the same exact services, I informed the web site that the name was already being used by myself and he said he check everywhere and could not find the name being used, he then reserved the name through the Secretary of State and let it lapse, I in turn reserved the name and incorporated, now comes the fun stuff, he in turn files a appeal with the Secretary of State that he had the name first and we have a hearing I bring in all the documents and notorized letters from the businesses which I have worked at and still work at to the hearing and he wins, now I have to appeal to Superior Court.

Now the questions, should I apply for a trademark in my state before the appeal and can I file a trademark infringement suit against the other company, or can someone guide down a road that I should travel.


Asked on 2/28/09, 9:16 am

1 Answer from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Secretary Of State Rejection

The very first issue is whether or not you in fact have a common law trademark under Massachusetts law and all the attendant rights which accompany such a mark. Trademarks fall into several different categories (fanciful, suggestive or descriptive with a secondary meaning). Your question presents very fact specific issues. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.;))

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Answered on 3/02/09, 9:52 pm


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