Re: Abandoned Trademark

Subject: Re: Re: Abandoned Trademark

Comments:
: : In the early 1980s I obtained a USPTO registration for my firm's trademark. I continued to use the same IP lawfirm into recent years, including heavy use in 1998 to stem the rise of infringers. I was just casually checking the USPTO website for my registration and found that it had been abandoned in September 1999 due to failure of the lawfirm to respond to the USPTO's September 1998 (year earlier) notification of some type. So, unbeknowns to me, my trademark registration has been abandoned for some 20 months. The attorney who last worked on the case left the firm sometime in 1998. Some 10 days ago I contacted the senior partner and left a voicemail message explaining the problem. I followed up the next day with a letter which was faxed and mailed. Still no response. What are my options? (I am a self-employed business person with modest resources for additional legal expenses.) Many thanks for any guidance. : Dear Mr. Dolan, : You ought not wait to apply to reregister the mark. Set up a paper trail with the lawyers. They should come through for you. If they don't there will be a record. Then get another IP lawyer you can trust and reregister. : You might check with the local bar association if you don't get satifaction. If the mark is still in use there should be no problem. Your common law rights persist. You just may have lost incontestability and the right of Federal enforcement until reeregistered. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive(sm)

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