Legal Question in Intellectual Property in Florida

legal requirements for responses

The USPTO is in the process of handling a petition to cancel. I am the defendant, and have been corresponding with the USPTO per their rules.

I am I legally obligated to respond to the following:

1-a request for documents

2-interrogatories from the opposing law firm who filed the

petition to cancel.

Am I legally required to respond to the opposing firm's correspondence or do I let the USPTO handle this petition to cancel?

Thank you.


Asked on 2/23/03, 12:06 am

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: legal requirements for responses

You should retain an IP attorney at this pont Please take a look at my site : www.lawyers.com/amyghosh

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Answered on 2/24/03, 1:06 am
Bruce Burdick Burdick Law Firm

Re: legal requirements for responses

You need to respond or the other side is going to Move to Compel the answers and eventually win by default. If the registration is valuable, and it must be or the other side would probably not be going through a Cancellation proceeeding, you need to hire a Trademark attorney. A TTAB proceeding is not something for a do-it-yourselfer to handle. Experienced attorneys have trouble with the USPTO procedures, so you are about to get crushed by the opposition if you don't get some expert help to even the strength of the players.

Call or email and we can discuss and I either give you a referral to a good Trademark Attorney in your geographical area or handle this proceeding myself. The can be fairly expensive proceedings for an individual, so call or write and perhaps I can help you hold down your costs while still putting up a high quality defensejjjjjjjjjjjjjj.

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Answered on 2/24/03, 3:26 am
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: legal requirements for responses

If you do not have legal counsel to defend you. I strongly recommend that you hire someone as soon as possible. The opposing attorney is making a demand for documents to review for knowledge to be used against you. The PTO is not going to do anything except look at what is presented to them and make a decision to cancel a patent or trademark whatever ip is involved.

Defend yourself!!!

Pat Tracy

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Answered on 2/23/03, 5:55 am


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