It is possible for someone to trademark your business name if they meet the legal requirements for trademark registration, even if you have been using the name in commerce prior to their registration.
Trademark rights are based on use in commerce, and the first party to use a trademark in commerce generally has priority over subsequent users. However, trademark registration provides additional legal protections and advantages, such as the right to sue for infringement and the presumption of validity in court.
If someone else successfully registers a trademark for your business name, they may be able to prevent you from using the name in certain circumstances, such as in a way that would cause confusion with their own brand.
To protect your business name and brand, it is important to consider trademark registration as early as possible, especially if you plan to expand your business or operate in multiple locations. You can also conduct a trademark search to ensure that your name is not already in use by someone else before you begin using it in commerce. If you are concerned about a potential trademark dispute, you may want to consult with a trademark attorney for advice.
Reach out to the experienced attorneys at A Business Law Firm, LLC. by calling our Spartanburg office at (864) 699-9801 who can help you determine the appropriate course of action tailored to your specific needs.