Re: I screwed up

Subject: Re: Re: I screwed up

Comments:
: : I've owned my business since '96 and when I started I didnt have the resources to trademark the name and actually never really thought I would be in the business for this long. Recently, a few people have told me I should think about franchising and since now I'm quite established I thought of checking into it. The first thing I did was search the Trademark Office database and found that someone registered the name in 2001. They are in the same business. : : I have the following questions/concerns: : : 1) Does this prevent me from branching out or selling any franchises outside the state I currently conduct business in? : : 2) From what I understand, should I be "protected" from infringement, at least in this state, because of "common law" trademark rights? : : 3) I did conducted a sale of my services in one other state in 1999 (I was on vacation), does this qualify for "interstate commerce". How does this affect things? : : I'm not at all interested in getting into any legal battles with the other company and would prefer to simply let them do what they do and I do what I do. : : Thanks, : : Doc : Dear Doc, : Early Legal Advice Is Not Expensive. If you had know you could have protected yourself. My unresearched opinion is that you cannot be stopped for using your mark but could be limited in the use of your mark. : You man have a right to oppose or cancel the other registration. : 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) : Reality Check®

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.