Question: I created a clothing line. I also created an eCommerce website for this clothing line at the same time. Although sales were only done in person the site was not used by my consumers although available for them to do so, I have timestamps of the domain name and pictures of the clothing line on social media. Another company took my business name and is using a similar logo with the similar documented font, letter arrangement and colors I used. They also created names on the same social media website. What is the dagger in my heart is they went ahead and applied for a federal Trademark. I thought I was protected by common law and didn’t need to, but it feels like they can do anything now.
Answer: If you continue to monitor the status of the infringing application at the US trademark office, you will find that the application will become published for opposition. You can then oppose the application by showing you were the first user of the mark and that the infringer’s mark will cause a likelihood of confusion with your mark.