Hey – They stole my trademark! Can they really do that?
Editor’s Note: E. Eric Mills is a member of the Intellectual Property and Technology Practice Groups of Ward and Smith, P.A. It is an all too common occurrence and question we receive. A business has been using a trademark in its business for years but, due to varying reasons, it has not taken the appropriate steps to properly protect the mark. All of the sudden, when it decides to pursue registration of the mark (or, worse yet, when the business receives a cease and desist letter from a third party), the business realizes that it may have lost its...
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