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[anna]

 Hi,

I have a big problem with my trademark and was hoping that someone could help me solving it.

I registered a lable called "Wahine Makai" (goods: apparel) in Germany 2 years ago and there was no problem at all. At the same time I wanted to register "Wahine Makai" (goods:apparel) in the US ever since then it is on hold because there is a "Wahine" (goods: apparel) registered.


That's what the Trademark Lawyer e-mailed me:  

In response to your e-mail of September 13, 2002, you are
correct that I have suspended your application pending disposition of the prior pending application for WAHINE (Ser. No. 75/490194).  The prior pending application is now the subject of an opposition proceeding at the Trademark Trial and Appeal Board, meaning that someone else has opposed
registration of WAHINE by the applicant in Ser. No. 75/490194.  This probably means that it will take some time to see whether the prior pending application actually proceeds to registration.


Does the german registration have any influence on the process here? Do I have a chance to get it registered here after all? If yes what do I have to do?

It would be really great if someone could help me?!

Thank you
Anna  

[M. Arthur Auslander]

Dear Anna,

Superficially, if you have used the mark before the other claimant or you have a priority right you may be able to prevail.

It will take a careful examination of the facts and law and for that there would be a charge.

[WahineMakai]

So what would be the next step?

[M. Arthur Auslander]

Dear Anna,

The law in each country is similar but there are many DIFFERENCES. What is more there may be Treaty Priority giving rights in other countries.

Superficially it looks as if the lawyer you are using is giving you good advice. I'm not going to do any legal work for you without being paid.

[WahineMakai]

Would I have a chance to get "Wahine Makai" registered in the US? What would be your fee?

[M. Arthur Auslander]

Dear Anna,

I don't quote fees in a forum.

There will be no action until the suspension is removed.  

It might pay to have the matter looked into now so that you know where you stand once the suspention is over. If your situation looks impossible you may have to look for another mark.