>>1083643 Do you know where I can find out the protections for my unregistered trademark? Some asshole is starting ot use my companies name in a way that can cause confusion between our two businesses. I've registered my company about 2 years before he started and he hasn't even registered a company. I haven't filed for TM registration with the gov though.
I can find online that I stil lhave protections as an unregistered trademark but I can't find information on what they are.
IDK about the legality but just call the guy and ask him to stop.
If that fails then call a lawyer and ask him to draw up a letter of intent. It is usually $100 - $200. Then have that lawyer send a letter to the guy. 90% of the time, the guy buckles and does what you need.
A "letter of intent" is basically just a legal jargon heavy letter from a lawyer that tells a guy you intend to sue him if he does not change what he is doing.
Right well you are basically paying those sites for something you could get for free.
They'll connect you with a local lawyer, then that lawyer will give you his free 5 minutes of general advice, then if you want to continue and really hammer out the details that lawyer will ask you to pay for actual services and so on, etc...
So like I said, you're better off talking to a couple lawyers in town then choosing one and buying a little advice/service.
Basically how it works in the US and Canada is that your legal rights to the name start when using the name during commerce. However you still need to trademark to enforce it. If you don't and someone else fills a trademark and gets through the entire process (several months) you are shit out of luck. You can wait a couple months until after you launch but its going to likely be cheaper in the long run to do it asap.
If you send a letter of intent without holding the trademark rights let alone not even starting the process he could easily jump the gun, than you will have to have a trademark lawyer go to court for you and you could even up up losing it. Trademarking should cost around $1500 without a second party challenging it, a contested trademark could cost upwards of 10k even more if your going against someone with deep pockets.
I've gone through the process for my startup. I did it because my branding is quite unique though. If your are doing something like john smith llc it might not as important.
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