Legal Question in Intellectual Property in Georgia

Trademarking

I want to trademark a clothing line that I came up years ago and the name that I chose was being used by somebody else. But I feel as if they havent went through the process of trademarking there name or anything like that. If I was right and they didnt do the required things to be official could I come up behind them and trademark the name and all required filing(s) to take over the name?


Asked on 8/08/08, 3:14 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Trademarking

Your question contains numerous misconceptions about trademarks and intellectual property in general. One receives trademark protection when he uses a protectable and non-infringing mark in the marketplace. There is no such thing as "trademarking." You can register a trademark, but it is not required to have trademark protection. So, assuming the name is protectable as a trademark and still being used by other person, you will likely be precluded from using it, at least in the geographic area where they are using it and in the same/aimilar industry.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 8/08/08, 3:23 pm


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