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Re: Re: Re: Domain name/Product Name and a new trademark[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on March 13, 2003 at 22:07:49: In Reply to: Re: Re: Domain name/Product Name and a new trademark posted by Dennis S on February 28, 2003 at 10:54:56:
: : : 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 ? : : : : As to why they suddenly seem uncooperative, if the USPTO Examiner rejected your application based upon similarity to their mark, unless they are forced to defend a cancellation action or litigate, they won't give you the time of day b/c they can already dismiss your mark and your company for free! : : Hope this helps. : : Scott J. Lebson : First off, thank you for the answer. : No, our use of the mark pre-dates them by over 3 years. Our use is mid-98, and their's is late 2001. I think they were trying to scare me into giving up my name. I do believe I have sufficient arguments for the examiner to show that our two marks wouldn't be confused, even though our companies are within the same industry. It's a matter of the businesses that we are selling to. Our customers come to us because they wish to purchase software. Their customers come to them because they're interested in retaining their services (not related to technology or software). : I unfortunately can't afford to go through costly attorneys, so I'm seeking my own information. I don't think it will take much to convince the examiner of the differences between the two marks. M. Arthur Auslander
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