Intellectual Property Law

Question regarding Intellectual Property (IP)?

Hello There, I have a quick question regarding Intellectual Property (IP); I have a 2 yr. Massachusetts registered corporation (Rationale, Inc) and recently received Federal Trademark approval for RATIONALE mark. We are planning on moved the company headquarters to State of Virginia, but there is already a similar company registered (i.e. Rationale, Inc.) Q1. What are my rights under the Federal Trademark? Q2. Can I Register my company name (Rationale, Inc) based on Federal Trademark infringement Or I have to change the Name. Thanks -Charles

Public Comments

1. This is a question you will need a patent attorney to answer for you. I would highly suggest using Hovey Williams, they are very good in this arena. I can see in the USPTO that you are the registered holder of that mark and the registration date is 2/08. Unfortunately, the use of the mark is limited to the areas you requested the mark to cover. If this other company in Virginia has been in business then they probably have continuing rights to the use of that mark but just in different areas than the use you get out of it. If they are in the same business you are in then it would appear that your protected mark is in fact not protected as they will be able to show that they've been using that name before you protected it. I'm not even sure you will be able to use your existing company name in Virginia, guessing probably not.