Legal Question in Intellectual Property in Colorado

Who owns a tradmark?

Another guy is using the same name as I am for business (let's say: ABC Company). I am a sole proprietor. He was using the name first, but has not filed ''Doing Business As'' with the state. I filed my papers a year ago...I also own the domain name. If I trademark the name before he does, will I have the rights to it?


Asked on 4/02/07, 12:29 pm

1 Answer from Attorneys
Justin Lampel Lampel & Associates, P.C.

Re: Who owns a tradmark?

if he was in business before you, but did not file, he may still have common law rights over you...if you file before him you may lock him into a specific area, however, if your areas overlap you may not have rights in the area you desire...(i would still need to know more about the situation)...im happy to answer any questions...justin lampel 847.845.4345

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Answered on 4/02/07, 12:42 pm


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