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Re: Re: Re: Suspended Trademark Application Letter[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on November 27, 2002 at 03:56:18: In Reply to: Re: Re: Suspended Trademark Application Letter posted by Dennis K. Sebenick on November 25, 2002 at 15:55:48:
: : : Hello there, : : : We had a failed business relationship that screwed up our ability to file the trademark and ended in a lawsuit over the product and the name of the product, which was settled with us as owners of the product and the name. There was a trademark registration in place from early 2000 under a different, but related company name. We were unable to register the trademark during the lawsuit (according to our attorney, and they tried to convince us to just change the name which we didn't want). : : : Now during this period there were 3 different companies trying to get a similar trademark, and now there is one left who put their request in 11/2001 and say their first use is 11/2001. Ours was filed 6/2002, and reported in use since 7/1998 (which we have documented proof). W : : : My question is what takes precedence, the filing date or the first use date. Also, even though the Service from the other company and the product from our company are in the same industry, they are in my opinion would not be confused as we wouldn't even target the same customers. : : : I'm also certain that this company would known of our product as we are very well entrenched on the web, including registration of the website with the same name as the trademark (registered since 1998). Do they have some sort of responsibility to recognize that a product with that name already existed ? : : : Any help would be appreciated. : : Dear Mr. Sebenick, : : M. Arthur Auslander : I spoke with the assigned attorney today and she was open to a written description of the differences between the marks and products, I even contacted the legal counsel for the other company who are also going to review our product. : The two trademarks are in two different classes, our in apparatus and engineering, their's in a business service class. Our trademark is used to describe a software product, their's is to used to describe business process. Again, both of our companies are within the same industry, but we sell to companies like theirs. : Now am I wrong in assuming that since we were already using the name, that we wouldn't be forced to change it ? We just wouldn't have the power to enforce federal trademark protection against a competitor. Also, I read somewhere else here that we wouldn't be able to substantially change the use of our name from it's existing use. Dear Dennus, M. Arthur Auslander
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