QUESTION
What rights do I have if someone does indeed start a business under my name?
Asked on Feb 21st, 2013 on Patents - Utah
More details to this question:
I recently filed a trademark registration for an intent to use. The trademark will be my business name under which I will sell goods. Since it takes three months for the USPTO to review the application, I am concerned that someone will start up a business under the same name before I am ready to bring the business to market. I'm expecting to get up and running by the end of the year.
1 ANSWER
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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If you make it through the registration process, your rights are granted as of the date you filed the application, so if someone comes along after you file your application but before the registration is in place, your rights will trump theirs.
Answered on Feb 25th, 2013 at 1:56 PM