Legal Question in Intellectual Property in California

Re: Trademark Question???

Koina,

I would need more information to see if you have an option but you may want to form a company or LLC to secure the name for your business. It really depends on what you want to do with the name. Email me to expand.

Re: Trademark Question???

When you say they filed a trademark, I am going to assume you meant they filed a federal trademark in the USPTO. Even then, it would depend on the goods and services used in connection with the filed mark and your proposed mark. Another consideration is whether they filed a word or design application. There are several considerations. Feel free to contact me to discuss further.

Re: Trademark Question???

An interference is a proceeding in which the Board determines which, if any, of the owners of conflicting applications (or of one or more applications and one or more registrations which are in conflict), is entitled to registration. The proceeding is declared by the Office only on petition to the Director showing extraordinary circumstances therefor, that is, that the party who filed the petition would be unduly prejudiced without an interference.

A concurrent use proceeding is a proceeding in which the Board determines whether one or more applicants is entitled to a concurrent registration, that is, a registration with conditions and limitations, fixed by the Board, ordinarily as to the geographic scope of the applicant's mark or the goods and/or services on or in connection with which the mark is used.

Please note that time is of the essence you need to move ASAP!!!!