Legal Question in Intellectual Property in Texas
trademark question
if someone has a business name and puts the (R) icon on their logo even though they do not have a trademark, can you use the same name and register the trademark on it yourself? or can you register it and make the other company stop using that name? or can neither of the 2 get a trademark on it?
1 Answer from Attorneys
Re: trademark question
Generally, you get trademark rights through use of the mark. A registration makes that use effective in geographic areas where you may not have used the mark enough. So, although there are penalties for using the "circle R" if there is no registration, that does not mean that the first user of the mark has no rights. It also doesn't mean someone else can obtain a registration for the exact same mark.
Before spending significant money on a trademark, hire a trademark lawyer, explain what you want to do, and why, and try to put a value on your plan. If may be less expensive to use another mark, and the money you spend developing goodwill in a different mark may be the better investment.
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