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I obtained a DBA for my small business in January 2013. I had a cease & desist letter sent to another business who was using the same name and selling the same product in May 2013. In July 2013 this business obtained a DBA for the same name as my business, filed it as an LLC and trademarked the name. I was told when I obtained my DBA that if another business wanted to file with the same or similar name, they would be warned they could be subject to legal action. The other business is now sending me a cease & desist letter. What is my recourse? Is the business name legally mine because I started using it first? Also, the other business was well aware of my business name and my product prior to obtaining their DBA, LLC and Trademark. Thanks in advance for any assistance.
Additional Details This other company also purchased a domain name similar to mine. Ex., My domain starts with the word "THEE", the other business domain starts with the word "THE".
Can another business obtain a trademark on a business I own?
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