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   Author  Topic: Similar Trademarks  (Read 1717 times)
mrfrankp
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Similar Trademarks
« on: Dec 21st, 2007, 8:32am »		 Quote Quote Modify Modify
The following info is fictitious company , web site and product it is just for example.
 
We sell a product called instant door from our web site instant-door for the last 5 years ..We have not registered at the USPTO. A company that has been in business for over 20 years is registering instant door and it has been published in the gazette. They are a large company that makes many items . Their product instant door is quite similar to ours. We filed for a extension of opposition with USPTO, however we only make about $1000 a year from instant door which we make. Is there anything we can do to eliminate or reduce our chances of  
 
any type of legal action from this company with out going through the opposition procedure which is way too much money for us . I do not know who used the words instant door first, however there are at least 10 catalog companies who import a similar item and call it instant door. These catalog companies have not bothered us as we and they have been selling this product for more than 5 years. We have no objection to every one using the word instant screen because they seem generic and that is why we never registered instant door. We sell only direct to the consumer and they sell to wholesalers and stores. Any thing you can suggest besides see an attorney
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JSonnabend
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Re: Similar Trademarks
« Reply #1 on: Dec 21st, 2007, 9:20am »		 Quote Quote Modify Modify
Well, unfortunately, the best answer is "see an attorney", because it's impossible to give you any useful advice here based on your hypothetical.  
 
As for general advice beyond that, you might consider contacting the applicant and advising them of your use (assuming your first use predates theirs, which you can determine to some degree from their application).  
 
Also, allowing others to use your mark will lead to a loss of your rights.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
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