Re: Infringement

Subject: Re: Re: Infringement

Comments:
: : I have been using a mark for several years and I recently discovered another company has filed an Intent to Use TM application for the same mark/same goods with the USPTO before I did. I do not believe they have yet to actually sell anything/used the mark in commerce. While I will file an objection with the USPTO, can I also sue them for infringement just on the basis of filing the ITU application or do I have to wait until they actually sell something using my mark? Thank you. : Dear Nancy, : How do you expect to sue? From what you say, it looks as if only your lawyer would get money. : If you had sought legal counsel EARLY, you might have avoided trouble. You may need a lawyer to get you through this anyway. : 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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