??? about trademarks and who has the right to?

Question

a name? Say you use a particular name in your business that you do from home and some company offers to hire you on what you do, you continue to use your name (that u used in your home) and trademarks it. Does the name them belong to them or do you still have the right to it even if you sever ties with this company?

Thanks

Answer 1

if the company that hired you tries to trademark a name that you had been using in commerce prior to working for that company, then you have a case against them.  

In general, nobody can get a trademark on a name that was in use by someone else prior to applying for the trademark.

In your case, if the trademark application is pending with the USPTO, you should be able to send a letter to the USPTO explaining that were using the name first, and that should do it.

Answer 2

I would think that if you do the work out of your home,independently , then your name used is your own to continue to make that business use of. It is establishing a name in business to be known by. IF the company issued that name to you though I would check with them if there is some way that you may get to buy the rights to it from them. IF it's not an option, try to get a patent on that . Apply for one before they have and get the right to use it solely then also.

BTW~ that is one CUTE cat photo. I have 2 and my youngest is adorable (as all pet owners may say such.) but that cat shown on your profile makes me want to pet and cuddle it.I'm glad my tortie shell and the siamese mix I have can't read or they'd be either mad or jealous if they knew this..LOL