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Old 11-19-2010, 09:15 PM  
marketsmart
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Join Date: Dec 2004
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Posts: 20,419
Quote:
Originally Posted by epitome View Post
The answer is no. Prior use is OK under trademark law.

It is the date you filed your trademark application that your mark is enforceable.

Granted, you can technically have a trademark without filing but it is much harder to prove in the court of law.
yes, but does that apply to what they are currently doing at the time i filed..

example.. they are now a etailer..

i am a manufacturer..

i have a mark based on a manufacturing company..

if they try to manufacture going forward, can i stop them from using that mark as it relates to a product name they manufacture?





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