Legal Question in Business Law in Florida

Trademark Registration Question

I have applied for a trade mark, and have received a response back from the examining attorney. There is currently another company that has a similar mark, and the examining attorney has refused the mark. The other company's mark is xxxx-x-xxxx, which literally makes it one word, where as ours is xxxx x xxxx making it three seperate words, and literally different. Shouldn't this make a difference in the decision? The other issue that I have with their refusal, is that the company that owns the other trademark, is no longer in business. Their website has been taken down. When you call their phone number, it is a recording for another company that states that they taken over the company in questions business interests. The owner of the other mark is listed as a consultant on the new companies website. Do any of these facts make a difference, and is there any possibility of me getting a favorable result in the end of this?


Asked on 6/20/07, 11:40 pm

2 Answers from Attorneys
Michael Stewart Michael D. Stewart

Re: Trademark Registration Question

Yes, there are various arguments you could make - including visual, phonetic and other differences between the marks. You could also consider an abandonment argument.

Read more
Answered on 6/21/07, 8:50 am
Johm Smith tom's

Re: Trademark Registration Question

I can assist you with challenging the denial for a reasonable fee. You can't do this on your own and expect to win.

Read more
Answered on 6/21/07, 12:17 am


Related Questions & Answers

More Business Law questions and answers in Florida