Open Question: USPTO trademark violated by state business...what can I do?

29 July 2010, 8:45 pm

I am the owner of a federally registered trademark which was registered by the USPTO in 2008. In 2009 a business serving the same industry was registered in Nevada which uses my trademark (confusingly similar name). Will the state of Nevada cancel the business registration if I contact them? What are my rights? What do I do? I have common law rights in the mark going back to 2002 and I believe the entity in Nevada only has rights going back as far as 2009. A federally registered mark should cover the entire U.S., including Nevada, should it not? So how can someone just starting up in Nevada trump my rights in the mark?... Read More »

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