What to Do When Someone Registers a Trademark After You’ve Registered Your Business Name

If you have registered your company and business name but someone else has applied for a trademark on the same name a month later, you might be wondering what to do next. In this article, we’ll explore the steps you can take to protect your business and address the trademark registration challenge.

Understanding Your Rights

When you register a company and a business name, it's crucial to understand that merely registration does not automatically grant you trademark rights. However, if you have not registered your business name as a trademark, you have lost the right to oppose the other party's trademark application.

However, if you have registered your business name as a trademark, you can still take action. One of the key steps is to challenge the other party's registration if your business name has goodwill and has been used prior to the application.

Challenging the Trademark Registration

If your business name is already a registered trademark, you can file an opposition against the other party’s trademark application. This must be done within the 4-month period from the date the application is published. Providing evidence of prior use and goodwill can strengthen your opposition.

Documentation and Evidence

When challenging a trademark registration, the strength of your case depends heavily on the evidence you can provide. You should gather and present all relevant documentation, such as marketing materials, sales records, and any other proof of prior use. The priority of usage is a critical factor in determining the validity of your opposition.

Legal Advice and Action

The best course of action is to seek legal advice from a trademark attorney. They can assess the situation, determine the likelihood of success, and guide you through the process of filing an opposition. Additionally, they can provide strategies for protecting your business name in the long term.

Consulting an IP (Intellectual Property) lawyer in your area is highly recommended. They can provide personalized advice and assistance tailored to your specific circumstances. Do not hesitate to seek direct assistance if needed.

The Importance of Prior Use

It is important to note that even if you have not applied for a trademark, the priority of use matters. In many jurisdictions, the party who was using the name first has a better claim to the trademark. Providing evidence that you were using the business name before the other party can strengthen your opposition.

Conclusion

When someone registers a trademark after you have registered your company and business name, you do have recourse. However, the success of your opposition or other actions will largely depend on the evidence you can provide and the legal steps you take. Seeking the advice of a trademark attorney and file an opposition within the 4-month window can help protect your business from potential legal issues.

Remember, while this article provides general guidance, it is important to consult with a professional attorney to understand the specific laws and regulations in your jurisdiction and to receive personalized legal recommendations.

Keywords:

Trademark Registration, Business Name Protection, Opposition Proceedings, Goodwill, Prior Use, IP Lawyer, Legal Advice