Someone registered my TM – what can I do (Legal Road Map® Podcast S3E74)

Someone registered my TM – what can I do (Legal Road Map® Podcast S3E74)

Author: Autumn Witt Boyd | Go-To Lawyer for Online Entrepreneurs February 18, 2019 Duration: 34:13
Legal Road Map®: copyright, trademark and business law info for online entrepreneurs
BusinessEntrepreneurship

Finding out someone else has registered a trademark you're using in your business can really sting. But so long as you started using it first, not all is lost.

In this week's episode you'll learn:

  • What winning the race means when it comes to trademarks and defending your rights
  • What the "opposition period" is and why it is crucial to monitor the USPTO Gazette if you're relying on common law trademark rights
  • How a cease and desist letter may stop a similar trademark application in its tracks
  • When the USPTO will actually deny a trademark application for a similar trademark without you lifting a finger
  • How challenging a trademark that's the same as or similar to yours after a certificate has been granted can be more difficult, but not impossible
  • Why, in order to defend your trademark rights, you have to actually be using your trademark

Key takeaway: Challenging an application for a trademark that's the same or similar as yours is not an area of legal you want to DIY. Consulting with a trusted legal advisor who specializes in trademark law is the best way to defend your trademark rights and prevent brand or product confusion.

Sign up below to get a free 5 Minute Intellectual Property Audit worksheet.  You'll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

Next week is the final episode of Season 3 of the Legal Road Map®  podcast, all about when you must  register a trademark.

I'm so excited to bring Season 4 to you - it's all about legal for course creators - so be sure to stay tuned!

Additional Resources:

Get your ALL ACCESS PASS for the Online Course Success Summit, classes will be live Feb. 11-22: http://awbfirm.com/ocss/

USPTO Official Gazette, published weekly: https://www.uspto.gov/learning-and-resources/official-gazette/trademark-official-gazette-tmog

This podcast is information, not legal advice specific to your situation.


Navigating the legal landscape of an online business often feels like deciphering a foreign language. Legal Road Map®: copyright, trademark and business law info for online entrepreneurs translates that complex language into actionable advice you can use right away. Hosted by Autumn Witt Boyd, a practicing attorney who focuses specifically on creative and digital businesses, this podcast serves as a reliable guide through the common yet confusing legal questions entrepreneurs face daily. Each episode tackles practical topics, from the essential contracts you need to protect your work and client relationships to understanding the real purpose behind website policies like terms of service and privacy notices. You’ll hear clear explanations on how copyright and trademark law applies to your original content, branding, and products, helping you secure your intellectual property without unnecessary jargon. Think of it as a regular consultation with a trusted expert, designed to demystify the law so you can make informed decisions and focus on growing your venture with greater confidence and security. Tune in for straightforward conversations that replace legal anxiety with a practical plan, making this podcast an invaluable resource for any entrepreneur building a business in the digital space.
Author: Language: English Episodes: 100

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Legal Road Map®: copyright, trademark and business law info for online entrepreneurs
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