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Trademark Questions Please

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Trademark Questions Please

Postby juanito » Sat Dec 03, 2016 6:56 pm

s Please Advertisement Expert: Shannon Moore, TradeMark Express - 12/23/2009 HI Shannon! I saw a few posts answered by you and I am in great hope that you will be able to answer my question.

I wanted to ask you abut something that you may have already answered here, but wanted a confirmation please....

I have been going back and forth trying to get my mark via TASA. They tried to say that it sounds too familiar and the words are too close to another mark.  I did another search on the mark similar to my name(they pronounce their name differently from my name, but it is in the same field that I am in), and I just saw that their mark is "DEAD"!  

It states under their file: Their number is 76390104 Current Status: Registration canceled under Section 8.

Date of Status: 2009-10-17

Filing Date: 2002-04-01

2009-10-17 - Canceled Section 8(6-year)

Type of Mark SERVICE MARK Register PRINCIPAL Live/Dead Indicator DEAD Cancellation Date October 17, 2009 This is wonderful news for me as long as I am reading this correctly! Am I? I truly look forward to your reply!!!  I have been going back and forth with TASA since April 2009! I cannot afford an attorney. I feel like it is within inches away in my favor... Should I be concerned?

Thank you for this site!
juanito
 
Posts: 61
Joined: Fri Apr 01, 2011 4:40 pm

Trademark Questions Please

Postby Thurlow » Sat Dec 03, 2016 11:02 pm

s Please Advertisement Expert: Shannon Moore, TradeMark Express - 12/23/2009 HI Shannon! I saw a few posts answered by you and I am in great hope that you will be able to answer my question.

I wanted to ask you abut something that you may have already answered here, but wanted a confirmation please....

I have been going back and forth trying to get my mark via TASA. They tried to say that it sounds too familiar and the words are too close to another mark.  I did another search on the mark similar to my name(they pronounce their name differently from my name, but it is in the same field that I am in), and I just saw that their mark is "DEAD"!  

It states under their file: Their number is 76390104 Current Status: Registration canceled under Section 8.

Date of Status: 2009-10-17

Filing Date: 2002-04-01

2009-10-17 - Canceled Section 8(6-year)

Type of Mark SERVICE MARK Register PRINCIPAL Live/Dead Indicator DEAD Cancellation Date October 17, 2009 This is wonderful news for me as long as I am reading this correctly! Am I? I truly look forward to your reply!!!  I have been going back and forth with TASA since April 2009! I cannot afford an attorney. I feel like it is within inches away in my favor... Should I be concerned?

Thank you for this site!
Thurlow
 
Posts: 39
Joined: Sun Mar 02, 2014 8:38 am

Trademark Questions Please

Postby Ogelsvy » Tue Dec 13, 2016 4:39 am

Dear Debbie,

This is good news as that mark is canceled because the applicant neglected to file the Section 8 form. I'm hesitant to say you're in the clear without looking at your filing to see what the USPTO is saying. What's your serial number? I'd be happy to look closer at the Office Action you received. Perhaps I can provide a little further insight.

Also, please be aware that this mark appears to be in use still -- http://bigzekesfitness.com/ They failed to alert the USPTO but may still be able to claim first use rights to the name. I understand not being able to afford an attorney but in this case a quick consult about this particular mark would likely be a good idea. It's better to make sure now that mark won't be a problem rather than later once you've invested even more time, money & effort into it.

Let me know if I can assist you with anything else.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,

Shannon Moorehttp://www.tmexpress.comhttp://tmexpress.blogspot.com

Twitter @TradeMarkExpres
Ogelsvy
 
Posts: 35
Joined: Thu Mar 06, 2014 5:36 pm


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