Re: Re: Re: Petition to Cancel

Subject: Re: Re: Re: Re: Petition to Cancel

Comments:
: : : : One year ago I opened a new automobile emission station and named it Emission Zone. I own the domain emissionzone.com and have received my final trademark registration for the mark Emission Zone. We do automobile emission inspections. I received a petition to cancel that was filed by a national auto parts store named Auto Zone stating they fear consumer confusion. Is this a valid reason to file a petition to cancel. : : : Dear Mr. Puckett, : : : From recent cases I've seen, there may be cause to be concerned. With a hard fight you may be able to win. : : : The principal argument may depend on what Auto Zone does and how long they have done it. : : : 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 : : If I lost a tradmark fight would I would have to stop doing business as Emission Zone? : Dear Mr. Puckett, : Without taking any professional responsibility for the answer, my view is that even if you lost you could continue to use the mark unless they could prove actual confusion and loss of business. : This would be as part of a trademark infringment case, a proceedure in the courts. : It does not look like a threat to me. : 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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