Re: Re: Re: using/purchasing already trademarked name

Subject: Re: Re: Re: Re: using/purchasing already trademarked name

Comments:
: : ok, I dug around in the USPTO site. It seems that the basis for filing a trademark is "use in interstate commerce." Use has to be proven. Would correct procedure be to start using the name on the product & register for a trademark once the product takes off? I can't find the product name anywhere on the Internet and don't believe the other company is using it in the US at all. (In fact, it doesn't look like they're using it anywhere.) Although they have the TM, would actual use trump their TM rights? : Dear nb, : The recommended proceedure is a search, followed by a proposed use application. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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