Re: Re: Re: TM Question

Subject: Re: Re: 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. : : : 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. : : What Arthur appears to be saying here is that hiring an attorney may help get the first attorney off your back. : : But to offer comments that may be helpful to you, rather than just trying to scare you, you should note the following: : : The fact that the two applications are in different classes does not mean the registrations can exist together, nor does it mean they cannot. It depends on a multitude of factors, including the exact description of goods or services with which the mark is used. : : Your application may be opposed, in which case you would need to respond. : : It can be costly, as these things can go on for years. Then again, you're less likely to be attacked if the opposing side thinks you can defend yourself (i.e., you have an attorney). : : You may be able to bargain with the settlement offer of $800.00. Think about it. The applicant will probably need to pay his attorney $200-300 per hour to attack you on something that could last for years. What's worth it to them to make you go away...? Think about it. : : Mark Lebow : Dear Mark : What I was saying was that Early Legal Advice Is Not Expensive. : If prospective applicants applicants were properly advised before they started, risks and potential costs could be substantially reduced. : I'm also concerned by the do-it-yourselfer, there are so very few that have the information resources and skills to adequately protect themselves. : I had one longstanding client that started to file their own applications. Without my prodding the came back to me then soon thereafter sold their business for a very good price. : 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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