Legal Question in Intellectual Property in Oklahoma
tradename/trademark ownership
what happens when one person own the trade name and another person owns a trademark containing the same words?
3 Answers from Attorneys
Re: tradename/trademark ownership
This is not a simple question that can be answered on a bulletin board. It depends on facts and circumstances of the case. As such, if you have an issue, contact an attorney in your jurisdiction.
Patrick Tracy
Re: tradename/trademark ownership
Depends on which holds priority in protectable IP.
Who registered? Who useed it first in commerce?
Call oe email for assistance.
Re: tradename/trademark ownership
The question is fact specific.
It is possible that both have legitimate and equal claims.
Are the marks in the same industry? Are they confusing or conflicting in any way?
There are a lot of questions that need to be answered before a conclusion to this question is provided.
If you wish to speak with me, please contact my office.
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