California | Intellectual Property
Legal Question
I have a website that has been online for over a year that shows my DBA name. I have not filed a trademark with the USPTO (I did a search and no matches come up). As it costs a lot to register a name, I'd rather not do it at this point. However, if someone registers my name with the trademark office and then tries to get me to take down my website, will they have any case?
Can I just show that I've been in business longer (the site is also very well known and I could easily bring in witnesses to prove that I came up with the name first)?
I just want to be protected (the name is not registered elsewhere, nor is it a business name in any other state - I am the only that has this name). Please advise.


