It is one of the more common questions a trademark practitioner fields at the start of a brand launch: “We found the name we want to use, but somebody else is already using it — and they never registered it.
The Junior User’s Playbook: Using and Claiming a Trademark a Competitor Already Uses But Has Not Registered
It is one of the more common questions a trademark practitioner fields at the start of a brand launch: “We found the name we want to use, but somebody else is already using it — and they never registered it. Are we blocked?” Surprisingly, the answer is oftentimes “not necessarily.”

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