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[djg2111]

Hey guys - I'm new to this trademark thing and this forum has been very helpful to me in the past.

I am trying to register a mark, but the response I got from the USPTO was that I am blocked by an earlier mark. While that mark is registered, I can't find any use of it (a search for the owner and the mark yields about 500 results on google - almost all of them from trademark recording companies). The mark blocking mine is a graphical representation of my wordmark in a different field as an acronym standing for a different tagline, so whether I can dodge it is a different issue.

When I search the company, it seems they switched to using a different tagline and trademark before ever using this one in the US. What type of evidence would I need to collect before attempting to invalidate the earlier mark?

Thanks for your advice - I appreciate any help you guys can give!

[JSonnabend]

You will need to prove that the senior party has "abandoned" the mark.  In practical terms, if you can find no trace of this company, or at least lack of use for three years, that should be enough to file a petition to cancel. 

If the other side responds, you can drop the case or push on with discovery to get the necessary information from them.  If the other side does not appear (for instance, if it no longer exists), you would win by default.

- Jeff