Legal Question in Business Law in New York

As a Franchise Attorney I can say the answer depends on a number of factors. Who was first to use the name? Prior use establishes strong common law rights that trump a subsequent registration by another. Another factor is the respective industries. If your store sells auto parts and the other sells clothing, there's little likelihood of confusion. But trademark law is a complex area so consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

To add to my colleague's remarks. The answer is yes, an existing business can be forced to remove a sign after a trademark is granted to another party for that same name, if a court of competent jurisdiction finds that the sign holder infringes on the rights of the trademark owner. You may have some common law rights the presumption, however, is that the holder of the trademark is the rightful owner of the mark.

If you believe the mark has been granted without merit you can try and appeal to the USPTO. Additionally, in the event you received a cease-and-desist letter, you should immediately consult an attorney admitted to practice in New York.

I would be happy to chat with you further. Feel free to contact my office at your earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (at) TheLegalist (dot) com

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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.