QUESTION
I created a sauce a few years ago. I trademarked the name at that time. I recently learned that there is another person in a neighboring state who is
Asked on Jun 25th, 2011 on Intellectual Property - California
More details to this question:
using my trademarked name. When I contacted him, he stated he felt that he was using the name first and would file for cancellation and be able to use the name anyway. I thought with a trademark it was an open and shut case. What grounds do I have to stand on? Could this case be expensive to pursue in litigation?
1 ANSWER
U.S. trademark rights are based upon use and a trademark registration is subject to cancelation based upon prior use up until it achieves incontestible status as a result of 5 years of continuous and exclusive use. If by a few years, you mean less than 5, your registration is certainly capable of being canceled based upon prior use by another. Cancelation proceedings can be very expensive.
Answered on Dec 07th, 2011 at 3:42 PM