Membership is FREE, giving all registered users unlimited access to every DNForum feature, resource, and tool! Optional membership upgrades unlock exclusive benefits like profile signatures with links, banner placements, appearances in the weekly newsletter, and much more - customized to your membership level!

Unique situation with my Trademark, Need Advice!

Status
Not open for further replies.

FineE

Level 5
Legacy Platinum Member
Joined
Mar 16, 2002
Messages
314
Reaction score
1
brandstrand said:
Is it worth the fight?

I would contact the company and state your claim and intentions to pursue it.

It may well be worth this fight. It all depends. One thing I would not do is contact the company and give them the heads up without getting legal advice.

One thing to keep in mind here is that this "big company" with "millions of dollars" to pay lawyers did not manage to oppose the trademark application. Yikes! Did you file your TM in the same jurisdiction where this company is in business? For related goods or services? Or are we talking a TM in an obscure jurisdiction for unrelated goods and services?

To say this is clear as mud is an understatement. I will certainly suggest professional legal advice.
 

namestrands

The Bishop
Legacy Exclusive Member
Joined
Jan 16, 2005
Messages
3,924
Reaction score
6
FineE said:
It may well be worth this fight. It all depends. One thing I would not do is contact the company and give them the heads up without getting legal advice.

One thing to keep in mind here is that this "big company" with "millions of dollars" to pay lawyers did not manage to oppose the trademark application. Yikes! Did you file your TM in the same jurisdiction where this company is in business? For related goods or services? Or are we talking a TM in an obscure jurisdiction for unrelated goods and services?

To say this is clear as mud is an understatement. I will certainly suggest professional legal advice.

Simple facts are that if the company was using the name before, then they have whats called common law trade mark. And if they can prove that they used the TM prior to our friend here then really it is an open and shut case.

Common law TradeMark protects you as far as someone would have to take you to court to prove infringement having the trademark registered automatically does give you the right to sue for trademark infringement and also allows you to sue for damages, of course would have to have sufficient grounds to claim infringement, however the fact that they had common law trademark prior to your application for registered trademark they would have the law on there side.

I would put this down to experience, and move on
 
Status
Not open for further replies.

Who has viewed this thread (Total: 1) View details

Who has watched this thread (Total: 8) View details

The Rule #1

Do not insult any other member. Be polite and do business. Thank you!

Members Online

IT.com

Premium Members

Upcoming events

Our Mods' Businesses

*the exceptional businesses of our esteemed moderators

Top Bottom