does Intent-to-use constitutes trademerk infringement
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Posted by Fadil on January 31, 2001 at 00:57:34:
hello, I have filed Intent-to-use mark lets call it "AAAABBBBB" in class 36 and 9. large company with name "AAAA" opposed at PTO TAB. they claim common law (AAAA is trademarked by somebody else). they do have 2 registered trademarks (for example, AAAAXXXX AAAAYYY) in clas 9. They threaten to also sue me in court. I read on web that judge can award attorneys fees if mark infringes to registered trademarks. We have not done anything. Product is still under development. Is fileing just "Intent-to-use" application considered trademark infringement? Can they win fees and dmaages? Fadil
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