Legal Question in Legal Ethics in New York

I just received my trademark, Harlem Royal Tea TM. I'm starting out selling organic teas on line but one I see myself opening brick and mortar store some day. Can I stop someone from using that my name?

Asked on 2/03/16, 2:22 pm

1 Answer from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Generally speaking, with proper legal action you can preclude someone from using a registered mark in the same class of goods / services, though a number of exceptions exist such as prior use of the mark by the "offender" or cross class confusion in the marketplace etc. However, in casually looking at your filing it is not quite clear if the registered mark protects you from a competitor that may want to market tea.

Feel free to contact me directly if you have further questions.

Roman R. Fichman, Esq. │ @TheLegalist

email: Info (@) TheLegalists (dot) com

Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 2/03/16, 3:15 pm

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