[siegel]

mindcrime is correct - you hdon't need to register a mark to have rights to that mark as a trademark in the US. You just have to use it in interstate commerce in connection with the goods/services at issue.

If you were using it in the right way prior to your competitor, you could have rights to block them. (If you haven't launched in the US, chances are you haven't used the mark in the right way.)

Right now, their application has been published for opposition. You could attempt to block the registration by filing an opposition before the Trademark Trial and Appeals Board. You could also sue them for trademark infringement in state or federal court or use your prior use to defend against a claim by them for trademark infringement.

All of this, of course, costs a lot of money. Is it worth it to you to spend a ton of money to protect this name? My guess is no.

Happy to answer additional questions (either on here or you can email me).