Hi All,
Here´s a somewhat general question about trademaking: I´ve shared a design for passive airborne eDNA capture under a CERN license; more recently an unrelated business is actually selling a different sampler under the same name (DNAir), probably serendipitously. They are in the process of trademarking it, of course I would like to be able to keep using the name. What would be a good way forward, does anyone have experiences with similar situations? Thank you for your input!
Hello
interesting question, if you have a project and a CERN License on a public depot, you can proof the name usage enteriority. Is it enough ?
At least in the US, I think there is a window of time (30 days?) where you can file your previously existing use of the name. Maybe look into a “Notice of Opposition” or similar with the Trademark office. I have not had to contest a trademark so I’m not sure, I’ve only filed one.
Thanks! I’ve contacted the other party & was able to have a friendly chat with them. Although I have precedence (by 2 months), they have a lot more riding on it in terms of investment etc., so I opted for a different name. It is now the Nutshell eDNA sampler!
Cute name!