opposing the trademark of another

patentandtrademark

Do you see another person registering a trademark that may be confusingly similar to yours?  You may be able to oppose their trademark registration even if you don`t have a trademark registration of your own and are not even eligible for trademark registration. patentandtrademark2007-1-22 10:4:0

stonesledge

How does that work. I have a trademark and someone also holds a trademark with the same name? WE both applied and both got it. I applied with a already in use and they applied with intenet to use. Both of us can have the same?

patentandtrademark

they don`t have to be the same - just confusingly similar.   the case i have in mind is First Niagara Ins. Brokers, Inc. v. First

patentandtrademark

Kind of.  What I am saying that if your mark is confusingly similar to the mark of another seeking federal registration, you can oppose the other - even if you yourself are not eligible for a federal registration.  For example, even if your commerce only occurs in a single state, and you are thus not eligible for a federal registration,  you can still challenge the federal registration of another.

stonesledge

Well, what do you do when another has the same trademark as you? I did not even think that it could happen. Diiferent class? What do I do, when someone else is using the same trademark as me?

patentandtrademark

Those are very good, yet very broad questions.  I can only answer questions like that for clients after I have a very detailed discussion with them.  Are you interested in having this other person stop using the same trademark as you?  What negative effects have you noticed to your business?  What negative effects do you think might happen? 

stonesledge

I really don`t mind so much if they use the same name. They are helping a good cause. We both were back and forth in the application process all last year for the name. I received my register and they also received a register with the same trademark name. I was not aware that someone else could be registered with the same principal register name as someone already owns.

patentandtrademark

It can happen

stonesledge

Thank you for your help!!