QUESTION
what is my legal position regarding a company having filed for a trademark I have been using since 3/30/2011
Asked on Oct 28th, 2011 on Business Law - Florida
More details to this question:
I have a corporation called The Little Flower Media Inc. filed in 3/30/2011 another company filed for a corporation in Mass (mine in florida) for a company called little flower media inc. now they filed for a trademark on sept 2011 and are telling us we must stop using the name...is this true?
3 ANSWERS
Corporate Law Attorney serving Boca Raton, FL
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Gracin & Marlow, LLP
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Trademark rights are based on first used in commerce. You should ask for a copy of their trademark filing to see when they are claiming first use to see if it is before yours. If the mark is really important to you I would order up a trademark search from Thomson & Thomson (it's about $500) and if anyone else has been using the mark in commerce. If other people have been using the mark before them (and you) they will have a hard time getting their trademark application approved.
Answered on Nov 08th, 2011 at 2:07 PM
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It appears that they are the prior user of the mark, based on the dates of use in their application. As such, they may be entitled to priority. You will wish to consult with intellectual property counsel regarding this matter. Our office practices in this area. Feel free to call us to discuss whether you will have a basis to oppose their application.
Answered on Oct 30th, 2011 at 5:07 PM
Probate & Trust Attorney serving Sarasota, FL
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Christopher K. Caswell, P.A.
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Without knowing more facts, it is hard to be specific. If they are telling you that you must change your corporate name, that is not likely the cases if you have prior use. If they are telling you that you can't use the mark in some other way, there are additional facts that would need to be asked. I strongly urge you to get specific legal advice based on your specific facts. You may also be entitled to interfere with any trademark registration process if you have the right facts.
This should not be considered legal advice and is provided for general education only.
Answered on Oct 30th, 2011 at 4:54 PM