Legal Question in Intellectual Property in Florida

When you say copyright, I am assuming you mean trademark? If there is really only a copyright a) it is not a problem for you, because you can prove you did not copy the doctor and b) you should not get a copyright, you should get a trademark registration.

Assuming that you did mean trademark, yes there is something that you can do. If the doctor has not been using the name in commerce (that information should be in the application the doctor filed), you have priority over the doctor by virtue of your early use. Once the doctor's trademark application is published, you have 30 days in which to file a Notice of Opposition. You can oppose the registration on the basis of your use prior to the filing date of the doctor's application. You should also file your own trademark application to avoid any repeat of this scenario.

It also makes sense to send a letter to the doctor now, explaining the situation and asking that the doctor voluntarily withdraw the application. That could save you some time and money.

Either way, you should consult with a trademark attorney to ensure that everything is done properly.

I agree with Mr. Hyra, but would add that if the doctor has already registered his mark and you missed the publication of the mark for opposition, you may be able to bring an action before the US Patent & Trademark Office to cancel the registration.

Mr. Hyra is again correct in that you should consult NOW with a trademark attorney to make sure this situation is handled properly. Feel free to contact my office for a consultation.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

Based on the information given, I agree with my colleagues in that you may have the option of filing either an opposition or cancellation proceeding before the U.S. Patent and Trademark Office (USPTO) depending on the Dr.�s trademark application date.

Feel free to contact our Florida licensed Intellectual Property Attorney for additional details. (404) 496-4119.

*Comments provided are not legal opinion and do not establish an Attorney-Client relationship.