This forum is no longer operational. Here are the New Forums.

TM Question

[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ]

Posted by Patty on June 09, 2000 at 00:52:09:

After searching the USPTO trademark database myself, and finding no match to my name "DogBark", (not the actual name, I filed an ITU application for registration in two IC classes..25(clothing) and 3(cosmetics). I have not yet produced or sold any products. Several weeks later I received a threatening letter from an attorney representing a company on the other side of the USA who not only uses the same name but filed a federal TM application for only IC class 25 approx. 1 month before I did. I know I will lose on class 25, however will I be successful in obtaining registration in class 3. The other company has admitted they don't produce products in class 3. The other company has offered me $800 to drop my application and has indicated they will oppose me if I continue. Their mark in class #25 is now being published for opposition. Since then I have also filed in 3 other classes that the other company did not. What kind of legal situation am I likely to become embroiled in? Thank you kindly in advance.

Follow Ups:

Re: TM Question M. Arthur Auslander 03:48:51 6/09/00 (0)

Post a Followup

Name:
E-Mail:

Subject: Re: TM Question

Comments:
: After searching the USPTO trademark database myself, and finding no match to my name "DogBark", (not the actual name, I filed an ITU application for registration in two IC classes..25(clothing) and 3(cosmetics). I have not yet produced or sold any products. Several weeks later I received a threatening letter from an attorney representing a company on the other side of the USA who not only uses the same name but filed a federal TM application for only IC class 25 approx. 1 month before I did. I know I will lose on class 25, however will I be successful in obtaining registration in class 3. The other company has admitted they don't produce products in class 3. The other company has offered me $800 to drop my application and has indicated they will oppose me if I continue. Their mark in class #25 is now being published for opposition. Since then I have also filed in 3 other classes that the other company did not. What kind of legal situation am I likely to become embroiled in? Thank you kindly in advance.

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.

This is the Old Trademark Forum. It is no longer operational.
Click Here to go to the New Forums.

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70

www.intelproplaw.com

The Intellectual Property Law Server

Old Trademark Forum

TM Question

This is the Old Trademark Forum. It is no longer operational. Click Here to go to the New Forums.

This is the Old Trademark Forum. It is no longer operational.
Click Here to go to the New Forums.