Legal Question in Intellectual Property in Georgia

Common Law Rights Versus Federal Trademark Rights

The outcome of a recent comprehensive trademark search uncovered a possible common law conflict that I am trying to get my arms around.

A product has been uncovered with the same name that I am trying to trademark. There is currently no protection in place for this product's name in any form to my knowledge. Everything checked out ok on the Federal and State search and I own all domain names related to the name. The product application is different and actually is for a veterinary product.

What are my chances of getting the application through the PTO office? Does a registered trademark trump a common law mark? Does it make any difference if I adjust the name ever so slightly?

Thank you in advance.


Asked on 7/27/07, 5:57 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Common Law Rights Versus Federal Trademark Rights

You have too many questions and there are way too many factors to consider for this type of forum. You need to speak with a local IP attorney and discuss in detail what you are trying to accomplish.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 7/30/07, 8:58 am


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