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[twhite91]

I have a question about first use;

I filed for a state trademark which was registered in December 2004 and I filed for a Federal Trademark in Jan. 2005 which is still pending.  I produce food products under this Trade Name.

I got a letter in the mail from a lawyer representing a company which said they have first use of the trademark.  When I did research I found out their father owned a company in 1989 and had the state trademark from 1989 until 1999 and then it expired and his company no longer produced products.  They had no federal trademark.  His family - daughters decided to start up again in Dec. 2003 under a new LLC filing.  I started using my trademark in April 2003.  

When I filed I was unaware they were even in business because I had spoke with another manufacturer and he told me that they were struggling to get money to get there business up.

They sent me the other day a cease and desist letter telling me to give up my rights to my state trademark filing and cancel my federal.  They also sent a copy of copy of a Petition For Temporary Restraining Order that they said they will file.  They also wanted me to stop selling my products on my website under the trademark name.

Do they have a case for anything?  

[JSonnabend]

You very well may have a case (that is, you may have rights in the mark superior to those of the other party).  If your mark is valuable to you, I suggest you retain a qualified TM attorney to handle the matter.  To handle it yourself would likely by penny wise and pound foolish, to say the least.

- Jeff