is it possible to sue somebody using my business name, and still my trademark is in porcess?
By Yahoo User • Category: Trademarks Applicationthere is a business couple blocks away using my business name and my reputation, and my trademark application is still in process, I need at least 6 months to have it done, is there any legal way to sue the company and stop him using the name of my business?
You might be able to just show them that you have already filed with the US Patent Office for trademark protection for the name of your business. If you can show them documentation of what you are doing legally they may decide that it is in their own best interest to separate themselves from your business’ name. I would recommend consulting with a patent attorney to be sure before doing anything like that. After you have received trademark protection from the USPO you have the rights to your trademark and can sue anyone who conducts business utilizing your trademark without your consent.
To have standing to sue someone for Trademark Infringement under the Lanham Act, you must either have the ownership of the registered Trademark or have used the Trademark in the marketplace as a mark indicating the origin of the goods/services. As a rule of thumb, a Trademark is given non-contested status after 5 years in the marketplace, meaning that it is proof that you own the mark. The Lanham Act is codified in Title 15 of the United States Code and is regulated by State law unlike Copyright law which is regulated by Federal Law. Check with the laws of your state. The first thing that you want to do as soon as you get your official registration of the mark is to consult an attorney who will send a Cease & Desist Letter.