You didn’t get a trademark for your business, and now someone else is using your name. Now you’re wondering if there’s anything you can do. Luckily, there might be. By working with a trademark law firm, you can find out if you can still apply for trademark protection for your brand. Before you start, there are a few things to keep in mind.
First, whoever applies for the trademark first gets priority and much stronger legal rights. So, even if there’s another business using your name, you can still file for a trademark as long as a trademark hasn’t been issued. If you go this route, you’ll need a trademark attorney to help you because you might have a legal battle on your hands.
Next, you can still apply for a trademark if someone else has a similar business and works in a similar industry. For example, as The Social Media Law Firm, I can stop competitors from using my name. However, if another social media lawyer wants to operate their own business called The Law According To Social Media, their name might be similar, but not close enough to invalidate my trademark protection.
And finally, even if someone else has a trademark on your name, you can still get protection if you are in a different industry or work with a creative trademark lawyer. Let’s look at another example. Right now, you can go to your local supermarket and buy Dove soap or Dove chocolate. Same name, way different products, and it’s unlikely that a consumer would get the two confused. Or, another example, if you wanted to open an optometrist office called Eye Bee Em, you probably wouldn’t have to worry about IBM coming after you.
Getting a trademark for your business is more important than you think, and it can protect you from unscrupulous competitors. But, there’s no time to waste. The longer it goes before you file for trademark protection, the better chance your competition has to file for a trademark before you. Don’t let that happen!!!
At The Social Media Law Firm, we want to help. Contact us to see how our social media attorney can help get your trademark application filed. But time is of the essence, so don’t wait. Call us today so we can get started ASAP.
