Legal Question in Intellectual Property in Georgia

Right of first use & Trademarking

I have been selling sauces under a name for more than a year in various states throughout the USA. I registered an LLC in Georgia over a year ago. About 3 months ago a second party filed a trademark on the name. Once the trademark is apporved Can they force me to checnge my name. Many of my customers also sell the product over the internet. I also deal with a number of distributors that send my sauce all over the country.


Asked on 10/11/05, 5:02 pm

1 Answer from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Right of first use & Trademarking

Did the other company use this name before filing for a trademark? If not, have you looked into opposing the trademark application or filing one for yourself?

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Answered on 10/12/05, 8:30 am


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