GFY lawyers inside
 

If someone owns a business (Inc. LLC etc.) and they have yet to trademark the name, but I go ahead and do so, can I sue them for using MY trademarked name? Discuss.

You can only trademark a name if you're in good faith using it for business. You can only sue somebody who isn't.

and you have to be a dirtbag.

First use would come into play. If they can show they used it first and you are in the same type of business as them or your business would in someway tarnish their name you will lose.

Of course this is hypothetical. I just know there are lines one can cross and I have yet to trademark what it is I have and noticed neither has anyone else. I am watching my own back. :2 cents:

The other reply is correct.

Date of first use in commerce is the key.

You would lose.

Make a habit of it, and you might even lose bigger.

You sound like a real stand up guy. :thumbsup

And you don't read entire threads before you respond :thumbsup

i dont think you can register an INC with a trade marked name, they do some sort of search and will not allow it, even if it is not exactly a match..

A person/company that did that could be opening up a big can of worms and immense blowback depending on who they were toying with.

If that ever happened to us we would be relentless in using all legal and other means to destroy the other party and their business. I have almost been in a similar situation and the individuals who approached us backed down after we discussed the situation. Sometimes certain people get a little carried away trying to manipulate the law for personal gain.