Store name trademarked

[jimbo2012]

I went to register a store with a company named that has a trademark, it says already in use.

But the store name is not currently being used on search

Contact their legal dept they agree we own and will stop the user from further use.

But they refuse to turn it over to us the rightful owners

[Gladiator]

Are you saying you have a trademark for the business name, someone else has a shop with that name or did before and they won't let you use it? Well there's a few issues here. One, the store has data and sales tied to it of another party. Some systems are more lenient others cannot be altered. The next issue is Lanham Act issues. Just because you have the mark now doesn't mean someone else wouldn't be able to use the name. Also you register the mark for only certain codes, if they sold products in a different market they have a valid claim to the name.

[jimbo2012]

we have the mark for 40 years, so we didn't just get it.

If you know the name it can only be the same goods

they can archive or delete the old history

they should turn over the name to the trademark holder

[Gladiator]

Sue them? Not sure what it has to do with stealth. If you have owned, renewed and maintained commerce on a 40 year old mark - sue them for not turning over your name under the Anticybersquatting Consumer Protection Act.