Tuesday, September 23, 2008

Federally trademarked business name controversy? -

I own an operate a business in California. Recently, I was contacted by a lady in Ohio who claims her business name (which is the same as mine) is federally trademarked, and threatened to have state and federal enforcement order me to cease and desist the operation of my business. Although the business name is the same, and the scope of the business revolves around pets, but the services offered are much different. Now this lady has posted something on the internet about me that may damage my business, but I ve done nothing wrong. I just don t understand why it would make a difference if we have the same business names, because we re in 2 different states. Someone please shed some light...I have also contacted the other businesses with the same name, and it appears this lady in Ohio is singling me out. She has contacted the other businesses but I am the only one she has slandered on the internet. How can I have the slander page removed from the internet?

I ve been trying to get a trademark for a clothing company for about 3 years. I m no expert but I have learned a little bit along the way.When you file a trademark, you specify specifically what the trademark is for. This is public records (www.uspto.gov). If she didn t include what you do, I don t think she can claim a trademark on it. Remember, if it went to count it would be subjective so you never know what the court would decide.Here is the contact info for my trademark attorney. She is located in downtown LA.http://www.buchalter.com/bt/index.php?ac��- for the work/advice she has done for me, I consider her fees very reasonable.Good luck!!FYI - she has nothing to do with why my trademark hasn t gone through.

1. Do not use the link in the other answer- Spam or Malware?2. Do some research - contact the US Patent and TradeMark Office and determine if they really have the trademark confirmed, or just applied for. A Trademark has a significant time requirement before it can be legally defended, different from a Patent or Copyright.3. Get an attorney!

1-the services you offer are irrelevant2-trademarks are national - not state related3-if she had the name first and trademarked it - you have to change your name or deal with the legal ramifications - which will require you to change you name anyway and may also cost you legal fees

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