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Is it still TM infringement?

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Posted by Carolyn on July 23, 2000 at 13:39:26:

Hi,

We have been using our mark since 1995 and in February
of this year we decided to register it. I filled out
the application, collected the three specimens and wrote
out a check for the appropriate amount.

I submitted this completed application to our attorney who
told me he would review it and ultimately submit it. (we were billed by their firm for the work done on this...)

Last week our company found out that a Fortune 500 company, operating in our same industry, has begun using our mark. However, when we contacted our attorney about this, he admitted that he had yet to actually file the application that I sent to him over 5 months ago.

We have also found out that this Fortune 500 company intends to continue to
use this mark and in fact will launch a big promotion using this mark starting on Monday.

My question is...do we have any recourse??



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