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[help_me_please]

I filed a word trademark in April 2005. I recently received a notice of allowance from the USPTO but I have yet to file a statememt of use. I plan to do this shortly.

Another company filed a tm for the same mark in Nov 2005. The USPTO suspended their application b/c of my pending tm.

Now this company is claiming I have never used the mark and they were using it 2 months prior to filing my application. They have sent me cease and desist letters and now a lawyer is writing me.

I have a beta ready s/w that I plan to use this mark for that is almost ready to launch. Am I screwed because the other company says they were using the months two months before I filed for the mark, and even though they filed for the same mark many months after I did?

PLEASE, any advice here would be welcome. Thank you

[hamsol]

This sounds alot like the problem I have. And let me tell you it aint fun.

Bottom line, my attorney has advised me, "He who has the most money almost always wins" ..

My two cents, I think it is (blank) joke, you are always open up to suits, lawyers, and people who just want what you got .. period.

Heads up, they will probably be looking into the area of petitioning to have your trademark / trademark application cancelled.

I speak soley of the crap that I have and still am going through in fighting big business. No protection for the little guy.

[lyza2855]

Sounds to me like you need to get your own attorney.  The phrase "pound sand" comes to mind but then I'm not an attorney and don't play one on TV.  

Stay calm and one of the attorneys will respond.  Then either call one or all of them, or find one in your area.  Remember, however, that because this is a federal issue, you do not necessarily need to work with local counsel.  You can hire anyone in any state who is admitted within their state to practice law.  He who carries the biggest law, as well as the biggest stick, wins.  Good luck.

Lyza

[JSonnabend]

There's plenty of protection for the "little guy", but that doesn't mean it's free.  TM's are in almost every instance business related, and protecting one's TM is a business expense.  I have built my entire solo practice around helping the "little guy" protect his interests in a cost effective manner.

By way of information, the filing date of an application for registration is of little consequence vs. senior users of a mark, particularly when an application is filed on an "Intent to Use" ("ITU") basis.  That's a generalization, of course, but a reasonable rule of thumb.

I believe the OP has contacted me already.  If I'm confusing posters, he/she should feel free to contact me directly.  No amount of free advice here is going to help in any substantive way.

- Jeff