Re: Question

Subject: Re: Re: Question

Comments:
: : OK, I started a business roughly 5 months ago. When I first started the business I checked the USTPO database and the name was unregistered in all forms. So I went about using the name in an unregistered trademark form by using the TM next to it. Now I as I am about to register the name with the USTPO a very similar name was just registered a couple days ago infact it's pretty much the same name just in a non-plural form. Although the name has a descriptive noun after the name. For instance my name would have been Mr. Pubb's and the newly registered name is Mr. Pubb Soda Pop, while this is not the real name it's fairly similar. Now I am wondering me and this other company are in a similar industry and the names are very similar. I have already spent tons of money starting up my company and as I saw this I was wondering is this going to effect me being able to registering my name as a trademark and will I still be able to use my name as my business name. Also I own the .com address for my business' name as well as the competitor minus the "soda pop". For instance I own www.mrpubbs.com and www.mrpubb.com. Basically I want to know is this going to effect my being able to continue with my business or will I be able to continue as planned and still get my offical registered trademark of my name, etc. : : Thank you for all of your help, : : Question : Dear Question, : I don't trust doctors but when I have a medical problem I find a doctor I can trust and I don't make medical decisions without a careful evaluation of what the sitution is. I don't cut out my appendix and then worry when the old problems recurr. : Well now that you have invested, the loss is more likely the business cost too. : From what you say it looks like your search was not thorough enough. : The situation cannot be solve by a simple exchange on the web. It ought to be dealt with in confidence with a good intellectual property lawyer. : From what you say it does not seem hopeless. There ought to be things that can be done. But not on the net and not without fees. : I won't charge for a call but you are not going to get out of this without knowing what and how to do. : 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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