Legal Question in Intellectual Property in Washington

Re: Do I have the rights to my business 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. It is helpful to understand that the intent of trademark protection is to protect consumers from becoming confused with who is offering what service or products under what mark.

There are several facts to consider, but given the information you�ve shared, the other party might have rights to the mark even though they have not formally filed for trademark protection. The name is very similar and I�m assuming the services and/or products are similar. If there is also an overlap of the geography of that business with yours, there is a significant chance that they will have legal rights to the mark over your rights.

I hope this answers your question.

John Brooks

Re: Do I have the rights to my business name?

Yes, it is very possible, especially at the state level. Usually it depends on first use. The best thing for you to do is register the trademark/service mark with the U.S. Trademark Office asap. That gives you first in for a federal trademark and if they don't object then you have a good case to claim it.

Re: Do I have the rights to my business name?

They may have such power if the facts are correct. But there may be things to be done to protect you. Please call me at 800-872-8368 to explain.