We developed a product about 2 years ago and came up with a name that is common (i.e. not unique & is in the dictionary). We did a crowdfunding campaign more than a year ago and used that name. We got distracted with the product development and never got a chance to trademark the name.
We just got a Cease and Desist letter from a compnay that registered the name with the trademark office in Nov 2015 - more than a year AFTER we started using the name.
Do they have a case against us?
Their product in not in the same industry as us.
1 Answer from Attorneys
Talk to a lawyer who handles trademarks. It is not possible to tell you whether you have a right to continue using this name, as more facts are needed.
In any event, the worst strategy would be to ignore the letter and hope the problem goes away. You will likely need to write a letter (or have your attorney write a letter) explaining why you have a right to continue using your name.
You should be able to find a good busines litigation lawyer (i.e., one who handles trademark matters, but does not necessarily specialize in it) to help you. Use LawGuru, or seek a referral from a friend or local bar association.