Illegal trademark registration.

Posted by . updated on 11/11/2009
Recently, I found out that someone is trying to register my product and site name as their trademark in USPTO. They even created a fake web site in the .us domain

The application asserts that "first use and first use in commerce is 2006".

It is not true! We began to sell our product since 2004. And there are a lot of evidences of that (whois, orders, webarchive  and etc.)

Application was filed in October 2006. So it will take about a year to get the actual registration.

Is it possible to file my registration to USPTO right now or I should file a "trademark opposition request" when the trade mark will be "published for opposition".

Any other suggestions would be highly appreciated.
Answers (3)
 
JSonnabend
The "first use" alleged in the application is their first use, not yours.  If you are using the mark in commerce in the United States, you could (and likely should) oppose the application when it publishes.  

If you're serious about protecting your mark, you might consider speaking to an attorney.  I routinely handle oppositions and similar matters, as do others here.

- Jeff

 
 
Linda Baker
I also established a trademark for a band which consisted of a photo I took of shades used for eye surgery and eventually put the band's name with a particular font over the shades. One of the band members claims he made the trademark and has recently registered it. I was never paid by the band to make the trademark and yet I was the primary marketing source for all their advertisements.
 
 
JSonnabend
From the sounds of it, you don't have trademark rights in the logo.  You very well may, however, have copyright in the artwork.  You may also have remedy in the nature of breach of contract.

- Jeff
 

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