Patent Attorney and Founder
I’m based in Australia.
The trademark I want is already registered.
The company that owns it sells golf clothing.
I’d sell regular clothing. No golf focus.
Their company name doesn’t match the trademark.
The mark doesn’t show up on their products, either.
I only found them through an IP search.
I’d use the mark as part of my brand name.
So now I’m stuck asking, what do I do next?
This comes up a lot.
Let’s talk in U.S. terms for a moment.
If someone owns a Class 25 registration for apparel, even golf-only gear, it can block the whole class.
That’s the tough part.
But it’s not the end.
The next step is simple research.
Who actually owns the mark?
Are they really using it?
And if so, how often?
Sometimes the mark looks “alive” on paper but dead in real life.
No sales. No labels. No website use. Nothing.
If that’s the case, options open up.
You might:
- Look into how long the mark hasn’t been used
- Talk with an attorney about a non-use cancellation
- File with a plan to challenge the registration if needed
The key is this:
Don’t rush. Make a plan first.
I see this with clients all the time.
They’ve used a brand for years.
Now they want to sell the business.
A buyer asks, “Do you own the trademark?”
That’s when it suddenly matters.
At that point, we map out a path.
Sometimes it’s a challenge.
Sometimes it’s a conversation.
And yes, negotiation is often on the table.
If your side is the real user, a calm, direct approach can work.
No threats. No drama.
Just two parties figuring out how to coexist.
So no, this isn’t dead in the water.
It’s just a problem that needs a strategy.