I created an open source project on github in 2013 and now I got a request to rename it, because the name was registered as a trademark in 2015. I don't think I should rename it since the name had been used before the trademark registration. Is there anyone here with experience in software law and can answer the question what should I do with this renaming request?
Thanks
What if some other company is already using my trademark?
If both companies offer the same or similar goods and services, and the other company has already registered the trademark federally, then you are likely out of luck. It may be best to find another name to trademark. If they have not trademarked, but they used the name first and they use the name nationally and pervasively, then you are probably still out of luck depending on the scope of their use. However, if they only use the trademark on a local basis, then you may be able to register the trademark federally and use it in those areas where they do not and have not used it before.
Example: Let’s assume they have a trademark in California and have only ever done business in California. You can still register the trademark at the federal level and use it nationally. However, you cannot use it in the State of California.