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Re: ???s re: somebody registering a trademark I own


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Posted by Stephen Anderson on September 06, 2001 at 09:38:10:

In Reply to: ???s re: somebody registering a trademark I own posted by Kyle Gatlin on September 05, 2001 at 07:48:13:

: I work for a company called Creative Publishing. It is has been in business since 1969, incorporated in 1973, and has been using this name ever since. They publish a variety of books, including college textbooks and books on the old west. Our books are sold nationwide.

: Recently I searched the trademark database and found that someone in CA has submitted an application for the name creative publishing, in the same industry we are in.

: Dont we have a natural trademark protection? Is her application in error? What are my rights and where can I file a protest?

: Any light people can shed would be appreciated
: thanks

Dear Kyle:

While your company may retain certain "common law" rights as the prior (and perhaps continuous) user of the mark, you had better act quickly to oppose the pending mark inasmuch as it appears that your own company trademark has been "abandoned" for failing to renew the mark as required....

See below:

CREATIVE PUBLISHING COMPANY
Goods and Services (ABANDONED) IC 042. US 100 101. G & S: creative publishing company produces in print books, books in periodical series, media related to forum-type exchange of information, etc. FIRST USE: 19640504. FIRST USE IN COMMERCE: 19681213
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number 74666248
Filing Date April 27, 1995
Owner (APPLICANT) Creative Publishing Company, Inc. CORPORATION GEORGIA 145 Main Street Post Office Drawer # 70 Sasser GEORGIA 31785
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date July 10, 1996




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