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That's all good and dandy, but the fact that it's not registered means it doesn't grant you exclusive rights to the name. I'm not doubting you're claim to the name, I'm denying the exclusivity of it.

Derp.

Non-exclusivity in trademarks only refers to a situation where two people/companies are using the same or a similar trademark and have been for some time. Particularly when the trademarks are used in different industries. Like for example 'McDonald's tow truck business' and 'McDonald's family restaurant'.

If you use someone else's trademark in order to form an association in the minds of potential customers between your product and that trademark, then this is always a violation of trademark right. It is also fraud against your customers.

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