Trademark advice on who used it first
I have been researching my brand name that I want to trademark however, my brand has 2 generic names in it that has been trademarked. My brand has 3 words with 2 of them being them same generic name. I looked up the USPTO website and their name was registered last year. I also did a search of the trademarked name to see if the trademarked name was being used consecutively and i see non. Further research i see the person runs another clothing brand and is using the trademark name more of an ornament design. Its not the core.
Their specimen first used in ecommerce on September 15, 2012. I have an old email from Big Cartel of my ecommerce use dated July 7, 2012. I can't access any of the old invoice since it was past 10+ years ago. Is that enough for me to get my brand name trademarked?
I also have people who posted my clothing brand that tagged my brand page on Instagram from back in September 7 2012. It also clearly shows my brand name on my tshirt, sunglasses, and shopping poly bags. So, i have time way before their September 15, 2012 date. Do i have a chance?