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[forde]

I have a product with a name I have been using for a few years and I did not register it. now someone trademarked it with the patent and trademark office and is using it. Is there anything I can do? If they tell me to stop using the name, do I have to?

[kendrix]

Trademarks are used for only the specific thing that you certified it for. If you sell clothing and they are an accountant, you would both be granted a trademark for usage.

Also, when you apply for a trademark part of the process is the USPTO does a 30 day notice and allows companies to dispute the claim. Sort of like, in a wedding "if anyone disagrees, tell us now or forever hold your peace". You didn't do that. So it will be harder to reclaim your name. It doesn't mean you can't. My suggestion is talk to a trademark attorney to find out what options you have. Once 5 years has passed, this is no longer an option.

Do you know when this company started using the name and earned money off of it? If this occured before you, they get the trademark. It does not matter who filed first (even though in this case they did file first).