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My company has an "intent to use" trademark application that was filed a few years ago and I recently discovered that someone else is using a very similar mark for a product that is nearly identical to ours. We sent them a letter to say that they were infringing on our rights but they wrote back to say that we had no rights until registration.
Is this true? It seems unfair that they can use a mark that is so similar! What happens when we get the registration since they will have been using the mark before we started to.
Is there anything we can do to stop them?