Trademark Rush Trademark Law Intellectual Property
Why must I be in a hurry to get my trademark fast?
Because it can be critical to your rights to a trademark! Do not delay!
In one recent case “Tortoise” Company searched and evaluated in a slow and steady manner taking three months to complete the process. The “Hare” Company searched the mark, evaluated the search and filed an “Intent to Use” application, all within 10 days, and 20 days before Tortoise Company filed. These are the fact patterns in cases involving Estee Lauder, the Gap, and Tommy Hilfiger.
The Internet, with its fast moving pace, has produced similar issues. One company came up with a great name and filed an intention to use application, but a second company, without knowing about the filing, came up with the same name and began shipping goods with the name. Who wins? Time and the courts will tell.
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