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davidschwartz12 · March 27th, 2009

I have this t-shirt company, but somebody else tradmarked it before me, also selling t-shirts. My ideas are better and more original. Does that do anything for me? What should I do?

sunnydayz · March 27th, 2009

I would say If another company trademarked the name before you, and they trademarked it under the category of apparel, then you are using their name illegally. You could very likely receive a cease and desist, or even a lawsuit against you.

I am not an attorney and this is just my opinion, if I were you and you intend to continue using this name, I would contact an intellectual property attorney to get advice. That is really the only reliable place you are going to get correct legal advice.

It doesn't really matter who has better designs

Its more of a legal issue and who filed first.

Hope this helps

InspiredImp · March 28th, 2009

It might also depend where you are located related to each other. And who the trademark was registered with: state vs federal vs international
I don't know what the options are, so yes, seek legal advise. There are lots of factors to consider that a professional can better advise you in.