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Topic: Trademark Opposition (Read 1757 times) |
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Rockpile
Newbie
Posts: 1
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Trademark Opposition
« on: Dec 20th, 2007, 5:19pm » |
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We filed for a trademark that got published and we have been served with an opposition. For all do purposes I will use the word GEEK ad the root of our newly created word.
So, we filed for Geektastic. Trademark got published and we have been opposed by a company that says they have the trademark for the word GEEK and our new mark will cause confusion since it is in the same industry.
The new word uses the word Geek as a root but it is a completely new word. What are our chances of winning this and on what grounds? We are a small company and we do not have the funds that the company contesting has.
Thanks you for your help.
Mitch
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: Trademark Opposition
« Reply #1 on: Dec 21st, 2007, 9:08am » |
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Unfortunately, it's impossible to give any reasonable advice in the abstract. Likelihood of confusion is perhaps the most fact-bound of all the fact-bound TM issues.
You might consider speaking with an attorney to assess your case. An initial consultation should not be expensive, and many attorneys (like myself) offer free initial consultations.
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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bcapehart
Newbie
Posts: 41
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Re: Trademark Opposition
« Reply #2 on: Dec 21st, 2007, 4:25pm » |
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Jeff is right. There are too many different unknown variables to give any sound advice at this time. It would be best to talk with an attorney who has been before the TTAB. Watch your deadlines as your time to answer is running and the attorney will need some time to review and discuss with you prior to filing a response.
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Brent A. Capehart
Patents, Trademarks, Copyrights
Deep in the Ozark Mountains
bcapehart@ozarklawyer.com
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