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  1. #1
    Member AmericasFootprints's Avatar
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    Anyone experienced w/Trademark opposition?
    Hi gang - first let me clarify that I do have legal counsel and they have been very good at helping me through this. But that said, i'm curious if anyone has some input.

    I filed an application for a trademark on my business name. It went through the initial review and was approved. It is now in the stage where the pending mark is published for 30 days, allowing anyone who believes it infringes on their own mark to oppose it.

    Well, low and behold, someone did. This week I was in receipt of a letter from an attorney, representing a company who has a business similar to mine, but is also very different. For the sake of not advertising my company name on ABW, lets say MY trademark application is for the name "JoesBusiness.com". This other company has a mark that was recently finalized called "Business". And they are now claiming they have exclusive access to the mark of "Business", and that my website and trademark will cause consumer confusion.

    So right now we're in the process of sending them back a letter granting a 90-day extension to see if we can reach an amicable solution and co-exist together without going through an expensive opposition process. Who knows that they'll come back with. My biggest fear is that I would have to start all over again, and say goodbye to something I've worked hard on building for over 2 years.

    Obviously I hope they are not that 'cold' and are willing to work with us, since we sincerely are different businesses. But I was just curious if anyone here ever experienced something similar (an opposition to a trademark) and if so, how it turned out in the end.

    Looking forward to your responses. Thank you! -Joe

  2. #2
    OPM and Moderator Chuck Hamrick's Avatar
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    Had a friend who had a domain she tried to copyright with the word "beer" and Anheuser Busch came after her. She took it to court and won after a year plus got back her court fees. It may be that you are confronted by a legal firm that is trying to bully you.

  3. #3
    ...and a Pirate's heart. Convergence's Avatar
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    AmericasFootprints, Who can claim DOFU?
    Salty kisses, Sandy toes, and a Pirate's heart...

  4. #4
    Member AmericasFootprints's Avatar
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    Quote Originally Posted by Convergence View Post
    AmericasFootprints, Who can claim DOFU?
    Now sure what you mean by "DOFU"

  5. #5
    Member AmericasFootprints's Avatar
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    Quote Originally Posted by Chuck Hamrick View Post
    Had a friend who had a domain she tried to copyright with the word "beer" and Anheuser Busch came after her. She took it to court and won after a year plus got back her court fees. It may be that you are confronted by a legal firm that is trying to bully you.
    Yes the same thought did cross my mind. Even my legal counsel said this happens occasionally, and many people are instantly scared by these tactics and back out. I have no intentions of doing so

  6. #6
    ...and a Pirate's heart. Convergence's Avatar
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    DOFU: Date Of First Use

    Translation: Who's been using it longer?
    Salty kisses, Sandy toes, and a Pirate's heart...

  7. #7
    Member AmericasFootprints's Avatar
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    Quote Originally Posted by Convergence View Post
    DOFU: Date Of First Use

    Translation: Who's been using it longer?
    Looking at just the trademark itself, I believe they can. They got in granted late last year I think. Their website was launched literally a month before mine. But in my mind these are two different marks and somewhat different services.

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  9. #8
    Affiliate Manager eliteflyers's Avatar
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    If I had their domain name Id be trying to sell it to them to fund my next project. Just sayin...

  10. #9
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by eliteflyers View Post
    If I had their domain name Id be trying to sell it to them to fund my next project. Just sayin...
    That could be construed as 'cyber-squating', registering a domain in 'bad faith' - they could, at that pint, easily 'take' the domain...
    Salty kisses, Sandy toes, and a Pirate's heart...

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