Legal Question in Intellectual Property in Virginia

I am interested in trademarking a business name. I am in VA and found the name being used by a very small business in CA and it does not appear to be trademarked. Their busines has been around since 2001. I would like to have an online presence so US coverage would be neccessary.

Can I move forward with the trademarking of this name? And if so, what right does the existing business in CA have over that name if it has not been nationally trademarked? Thanks.


Asked on 12/24/09, 9:12 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

What you are asking cannot be given a simple answer. You need an intellectual property attorney to evaluate the entire situation and give you an opinion.

Please seek an intellectual property attorney in your area for help.

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Answered on 1/01/10, 8:33 am


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