Re: Is it still TM infringement?

Subject: Re: Re: Is it still TM infringement?

Comments:
: : 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. : Dear Carolyn, : You may also have recourse against the attorney, who may be insured. : 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 : : : 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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