What happens if someone tradmarks my idea before I do?

You own it if you were the first to use it on goods or services in commerce. However, if you were partners when you did that, then the partnership may technically own it.

Trademark is not a verb. You may own and enforce a trademark and trademark rights according to your state or country's laws. For instance, under US laws, the first to use a distinctive brand on goods or services in commerce automatically owns that trademark. Registration is completely optional. A registration cannot be made unless the brand is being used on goods or services in commerce. Trade names are typically handled under different laws that may require local registration.

He would own the trade name....that's about it. Registering a trademark does not grant ownership rights to a business.

He's own the name, not the business. But you call him your business partner, so sounds like he already owns some of it, he'd still own that portion.

He can't do 'legal work' to own a business he doesn't have. He CAN trademark the name, but I don't see why he would, given the expense.

You may well be SOL but you'd need an attorney to know for sure.

The legal route.

You lose, They Own It.

It is quite Simple,

If you want to "fight" for it, it may upwards of 20 years in court (and still lose). This has all happened before.

https://secureyourtrademark.com/blog/trademark-dis...

https://www.theguardian.com/media-network/2016/dec...