smellslikedonkey

I have a Trademark Question! I posted this to r/legaladvice and barely had any responses...

I seem to have stepped into a bit of a Trademark issue. First off, I'm in Canada and the trademark in question was registered here. Also, I probably will be consulting a lawyer eventually.

So I created a card game for iOS based on a game that has been played here for well more than 100 years. It got some recognition in local newspapers yesterday and people seem to really like it.

Then I get an email from a guy who owns the registered trademark for the game (he has his own version of it that he has been selling for many years) that was registered in the 80's.

So is this trademark is legally enforceable at all? I know nothing prevents him from trying to enforce it. It seems a little weird that some guy can register a Trademark on a game that has been around for a very very long time.

Thanks!

EDIT: To me this is much like some individual Trademarking "Poker" which seems like it wouldn't fly at all.

Can you trademark a name of a game that has been around and widely played for many many years before the trademark was issued. For example, can someone trademark "Poker" or "Chess"

I'll email you too but in broad strokes is it possible to get an enforceable trademark on a public domain game (something widely played for many years)?

Cool. I sent an email with more specifics if you're curious. If I get a C&D, I'm going to an attorney anyway. It just seemed very wrong to me.

Thanks!