Re: does Intent-to-use constitutes trademerk infringement
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Posted by M. Arthur Auslander on January 31, 2001 at 03:40:51:
In Reply to: does Intent-to-use constitutes trademerk infringement 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 Dear Fadil,
You may be being fiddled, You have better take the warning and know what you are doing. The filing is not an infringement. You may be on the edge or real infringment, with time to turn back. Do it right a use an Intellectual Property lawyer you can trust. I have trouble trusting doctors but I have found good ones I can trust at to both fee and diagnosis. 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
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