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[PLEASE_help____desperate]

I filed a word mark in May of 2005 as a 1b. I received a notice of allowance from the USPTO recently but have not yet filed a SOU. The mark is for a beta ready s/w application I have been shopping at trade shows etc and an app I have been working on prior to filing for the mark.

I received several letters from lawyers from a company demanding that I cease and desist using the mark and that I destroy all materials with the mark. This company filed for the same mark several months after I did (nov 2005) and the USPTO suspended their application b/c of my previous filing. Their lawyer claims that they were using the mark 2 months before I filed my app, even though they did not file for the mark for many months after that.

HELP!? Any advice here? I filed first on a product that has long been in development but is not quite yet ready to launch commercially.

[clarklawyer]

I filed a word mark in May of 2005 as a 1b. I received a notice of allowance from the USPTO recently but have not yet filed a SOU. The mark is for a beta ready s/w application I have been shopping at trade shows etc and an app I have been working on prior to filing for the mark.

I received several letters from lawyers from a company demanding that I cease and desist using the mark and that I destroy all materials with the mark. This company filed for the same mark several months after I did (nov 2005) and the USPTO suspended their application b/c of my previous filing. Their lawyer claims that they were using the mark 2 months before I filed my app, even though they did not file for the mark for many months after that.

Perhaps they were using the mark at that time.  They must have claimed a date of use in their application.  Was that date prior to your filing?   Were they using the mark in interstate commerce at a relevant date even if they were using it locally?

Those are questions you would want to explore before acting.