If someone used the name I'm trademarking before I trademark it, can they take the trademark from me in court by proving they used it first? Even though it was never trademarked?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

It is possible to object to your trademark application on the basis of prior use of a similar mark, even if that mark was never registered as a trademark. However, this procedure is different in every jurisdiction and is more complicated than the standard opposition proceedings, where owners of fully registered trademarks oppose new applications.

Therefore, we would advise you to discuss your case with a lawyer who can offer a more tailored answer.

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