What should I do if my trademark is being used by others without my consent? 2 Answers as of February 17, 2011

I helped one lady to create a concept for kindergarten/school and even created a very attractive name for it on condition that my methodology will be used there. I will train the employees. The kindergarten was opened and became very successful. I also paid for the trademark after that, but I was never asked to train people and never received a single dollar for that. So, now the trademark is used for 3 kindergartens, and I receive no money despite the fact that my name was used for advertising, my ideas were used to create the business, and the trademark is mine.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Devon & Associates
Devon & Associates | Marcia A. Devon
Are you saying you are the owner of the trademark, but you are not providing any services e.g. training employees? The owner of the trademark should legally be the one responsible for the goods or services. I recommend that you negotiate with the kindergartens based on your trademark ownership, but you should have a licensed intellectual property or trademark attorney assist you.
Answer Applies to: California
Replied: 2/17/2011
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
If you have documentation that can show your ownership the trademark, you may file a petition the USPTO to cancel the trademark in favor of your ownership. You may subsequently demand royalty fees for their use of the trademark.
Answer Applies to: California
Replied: 2/14/2011
Click to View More Answers: