質問
I recently found a company using a logo very similar to my distinctive logo. I sent a generic cease and desist letter and the guy called me and said it was unlikely I could win if it went to court. My company is Social Magnets and has a large online presence. His is newer and has little presence. My logo is two magnets linked together to form an M so is his. I have a few questions. I was pretty sure from checking nobody else was using this design of a logo when I made it. I have been around for about 4 years using it online and his website is about a year old. He wanted me to give him permission, but my concern is If I haven't registered it as a service mark, what protections do I have if I have been using it first/longer.
Can someone else in response to my notice go trademark it and I would have to stop using it? My concern is as I build my brand I don't want other people coming after me in some weird way. Also is there any protection before or without a registered service mark? and any protection in the process and if not how long does it take? Lastly, their name is Magnet Social SM, mine is Social Magnets. Is there a way to protect the use of social and magnets in regards to marketing and consulting like Apple is to Computers and if so is this expensive or beyond a regular service mark. Thank you.
回答: 2 public & 1 非公開
The quick answer is that TM protection "begins" with usage, so since you appear to be the first/senior user, you should prevail, however, my advice would be to register your TM/SM ASAP so as to effectively give notice to the world that you do in fact have a viable TM/SM, and that you also have a TM/SM registration which you will need to take further legal measures in enforcing your TM/SM rights and to effectively force this other party to cease and desist and to also possibly obtain damages for TM/SM infringement. You should consult a TM/SM professional.
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