Re: TM Question

Subject: Re: 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. : I had a client come to me after they had searched the trademark data base and found no references. I did my search and found 25 reference and recommended that they find another mark. : It take more than factual observation to do it your self. The reality is that even if you are right, the cost of preserving your rights may be more than you want or can afford. : I make a living trying to keep clients out of trouble or reducing their risk. : You need a Reality Check. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive :

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