If you already have the registration for your trademark and you know that somebody else is using an identical or very similar one, there are a few things you can do.
Firstly, if it is a trademark that was published in the Trademark Bulletin, you should file an opposition in order to block said application.
However, you may also act in the case that the trademark is used de facto, meaning with the filings, even when that does not mean the owner has bad faith or wants to confuse consumers.
In that case, each scenario must be duly analyzed, but there are actions, such as sending cease and desist letters, signing undertakings and, if you cannot reach any understanding, a lawsuit.
Do you have any questions? Send me an email to maria@mjaintellectualproperty.com
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