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Domain name/Product Name and a new trademark[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Dennis S on February 24, 2003 at 13:55:19:
Hello there, Now here's the problem, due to some unfortunate circumstances (an underhanded associate) the product name wasn't trademarked. Early last year we put our trademark application in, only to find that a large company service marked with the same sounding name, different spelling. The trademark office suspended our application, and the other company's trademark has since registered. I contacted the other company and at first they seemed willing to work with concurrent existence, but now decided that they didn't want to as we're in industry. We're not competitors in the least, and in my opinion no reasonable consumer could possible mistake our software for their service. How can it be just that because we didn't have a trademark that another company could push us out of the use of my product name ?
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