Trademark Tips For Small Enterprenuers

You already know what challenges small entrepreneurs face in the world of trademarks.

🤔So what can they do to defend their brand if someone else has registered it as a trade mark and the small entrepreneur has merely used it previously without registering it?

In such a situation, the rights of a so-called prior user can be invoked, but only if certain conditions are met!

What are the conditions of this protection? It is addressed to entrepreneurs who⬇

✅have used a sign (e.g. a name) prior to the date of the trade mark application by another entity,
✅can prove it – e.g. with invoices, advertisements, promotional materials from before the filing date,
✅they did so in good faith – without being aware that they were infringing others’ rights,
✅they have a local and small business.

‼️But beware – this protection does not allow you to prohibit the owner’s use of the mark, so a trade mark registration is still a much preferable option!