Legal Question in Intellectual Property in South Carolina

If there is a business who has a name xyz Resort for example, and it is not trademarked can I trademark it and have them sease and desist?


Asked on 8/30/11, 10:08 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the answer is most definitely no. Companies have common law trademark rights that arise on use. Registration of a trademark, while conferring additional rights, like attorneys fees in an infringement proceeding, is not required to have trademark rights. Consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 8/31/11, 8:34 am


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