Re: Canadian Trademark

Subject: Re: Re: Canadian Trademark

Comments:
: : A company has a U.S. TM of a certain word for makeup and has been selling their makeup for several years on the internet. Being Canadian, I want to sell make-up on the internet in Canada using the using the same word. I do not find that the same word is trademarked in the Canadian TM registry, so I would like to submit an application. Any legal danger to this? If Canada grants me the trademark what if I sell to a US customer? : Dear Sasha, : You are playing with fire. The Canadian law is very similar to the US law. My gut says that the US Company has a prior right in Canada even if they have been too stupid to apply or register. : Your sales in the US would certainly be infringment. If sued and with US juristiction which might be obtainable, you could make you lawyers rich or lose you shirt or both. : Once you get caught in the toils of the law IT COSTS. : If the product is good why don't you play it straight and save money too? : 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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